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Articles by Agrippa Mpungose

Agrippa Mpungose Director Public Procurement Litigation

Public procurement regulations (2017) confirmed to be invalid

The principle of legality is an integral component of the rule of law. This principle was best explained by the Constitutional Court in the judgement of Affordable Medicines Trust and others v The Minister of Health and others. This court, at paragraph 49, explained this principle in the following terms: “the exercise of public power must...
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AgrippaMpungoseDlamini _ATMD_Pietermaritzburg_BoutiqueLawFirm

Can Parliament Delegate it’s constitutionally conferred powers to make law?

Can Parliament delegate its constitutionally conferred powers to make law? Does the Parliament seek to delegate its powers to the Minister under section 25 of the New Procurement Bill? In reading section 26 of the New Procurement Bill, the 2020 version, one is tempted to imagine a possibility of delegation of constitutionally conferred duties of Parliament....
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AT Mpungose & Dlamini Incorporated

The Rule of Law and the status of the public procurement regulations (2017)

THE RULE OF LAW AND THE STATUS OF THE PUBLIC PROCUREMENT REGULATIONS (2017) The principle of legality is an integral component of the rule of law. This principle was best explained by the Constitutional Court in the judgement of Affordable Medicines Trust and others v The Minister of Health and others. This court, in paragraph 49,...
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AT Mpungose and Dlamini Attorneys

Organs of state acting in the interest of the public in review proceedings

Section 6(1) of the Promotion of Administrative Justice Act 3 of 2000 (PAJA) provides that any person may institute proceedings in a court or a tribunal for the judicial review of an administrative action. Prior to the 30th of September 2016, the use of PAJA by organs of state was accepted as being legally correct, this...
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Paja is not applicable to organs of state

Case law: State Information Technology Agency SOC Limited (SITA) v Gijima Holdings (Pty) Limited [2017] ZACC 40 Before SITA judgment, it was accepted as legally correct for organs of the state to rely on the provisions of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000) (PAJA) to ask courts to review and...
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Does the decision by an organ of state to cancel a tender before adjudication amount to administrative action?

The Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000) [PAJA] gives effect to the right to just administrative action in terms of Section 33 of the Constitution of the Republic of South Africa. Most of the decisions taken by officials of the government institutions while performing their duties as government employees usually amount...
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