Tag: Constitution 217

Invalid procurement regulations: Sec 217 of Constitution

Minister of Finance v Afribusiness NPC Invalid procurement regulations considered by constitutional court and the majority judgment points out that the minority judgment failed to address a conundrum of a possible clash between...

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Self-review application: PAJA or legality?

ICT-Works (Pty) Ltd v City of Cape Town Self-review application considered by high court and decided inter alia in para [99] that ‘ Justice and equity dictate that the City should not benefit from its unreasonable delay...

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Preferential procurement policy: Irrational unlawful invalid

Acsa (Airports Co SA Soc Ltd) v Imperial Group Ltd Preferential procurement policy may only be implemented within a framework prescribed by national legislation because of s 217(3) of the Constitution and the only escape for...

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Service level agreement: Legal services reinstated

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Statutory interpretation considered: Procurement contracts

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Contractual interpretation endorsed: Wallis JA in Edumeni

Airports Company SA v Big Five Duty Free (Pty) Ltd Contractual and statutory interpretation endorsed by Constitutional Court after various approaches applied in the past and it seems that ‘text and context’ are all...

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