Fundamental rights assignment 2 DUE 24 April 2025

ASSESSMENT 2 FUR2601 FUNDAMENTAL RIGHTS

Name : xxxxxxx

Surname: xxxxxxxxxx

Student number: xxxxxxxxx

Due: 24 April 2025




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, Question 1



1.1 Declaration of Invalidity

Remedy: Declaration of invalidity

Why: The court declares the contract between SASSA and Cash Paymaster invalid due
to irregularities in the tender process. This remedy is necessary to:

- Uphold the rule of law : Ensure that government contracts are awarded fairly and
transparently.
- Protect public interest: Prevent further harm to beneficiaries of social grants due to an
illegitimate contract.



1.2 Suspension of Declaration

Remedy: Suspended declaration

Why: The court suspends the declaration for 12 months to:

- Ensure continuity of social grants: Allow SASSA time to complete a new tender process
without disrupting grant payments.

- Provide a transition period: Enable SASSA to prepare for a new contract without abrupt
termination.



1.3 New Tender Process

Remedy: Mandatory order (new tender process)
Why: The court orders SASSA to initiate a new tender process to:

- Rectify the invalid tender : Ensure a fair and transparent process for awarding the
contract.

- Restore public trust: Demonstrate commitment to accountability and good governance.



1.4 Reporting Requirement

Remedy: Supervisory order (reporting requirement)

Why: The court requires the Minister and SASSA to file progress reports to:


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