Assignment 2 Semester 1 2025
Detailed Solutions, References & Explanations
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Due Date: April 2025
QUESTION 1
1.1 Remedy: Declaration of Invalidity
The court declared the contract between SASSA and Cash Paymaster Services invalid.
This remedy was necessary because the tender process that led to the awarding of the
contract was found to be unlawful and unconstitutional. Declaring the contract invalid upholds
the rule of law and ensures that public procurement processes are fair, transparent, and
accountable, as required by the Constitution.
This is required by law (particularly section 172(1)(a) of the Constitution in South Africa)
whenever legislation or conduct is found to be inconsistent with the Constitution. The main
purpose is to confirm that the disputed contract has no legal standing, ensuring transparency
and accountability in public administration.
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