Tag archives: Constitution

The “provision of goods and services” as government procurement under section 217 of the Constitution

By Patrick Bracher (ZA) on January 25, 2022 Posted in General

The “provision of goods and services” as government procurement under section 217 of the Constitution The Supreme Court of Appeal held that the requirements of section 217(1) of the Constitution regarding fair, equitable, transparent, competitive and cost-effective procurement were not met where a private contracting party was providing services to smallholder farmers to promote beef … Continue reading

A Constitutionally invalid agreement is void from inception and does not confer any rights under the contract

By Patrick Bracher (ZA) on May 14, 2021 Posted in General

A Constitutionally invalid agreement is void from inception and does not confer any rights under the contract The dispute concerned a lease for a hotel in Coffee Bay, Transkei for a period of 20 years that was held to be constitutionally invalid because the lease had been signed contrary to the laws relating to public … Continue reading