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Agrippa Mpungose
AMTD National Treasury
18
Mar

National Treasury Preferential Procurement Regulations: 10 March 2022

March 18, 2022
On the 10th March 2022, the National Treasury published the draft preferential procurement regulations for public comments. Click here to view : National Gazette Draft Prefential Procurement Regulations Comment 10-3-2022
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28
Feb

Wage Agreement declared unlawful

February 28, 2022,
CONSTITUTIONAL COURT OF SOUTH AFRICA  National Education Health and Allied Workers Union and Others v Minister of Public Service and Administration and Others;  South African Democratic Teachers Union and Others v Department of Public Service and Administration and Others;  Public Servants Association and Others v Minister of Public Service and Administration and Others;  National Union...
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28
Feb

Preferential Procurement Regulations, 2017 – Minister of Finance v Afribusiness NPC [2022] ZACC 4

February 28, 2022,
To all organs of state Preferential Procurement Regulations, 2017 – Minister of Finance v Afribusiness NPC [2022] ZACC 4 On Wednesday, 16 February 2022, the Constitutional Court handed down judgment in the application for leave to appeal against a judgment and order of the Supreme Court of Appeal. This application was brought by the Minister...
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Agrippa Mpungose Director Public Procurement Litigation
22
Feb

Public procurement regulations (2017) confirmed to be invalid

February 22, 2022,
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...
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AgrippaMpungoseDlamini _ATMD_Pietermaritzburg_BoutiqueLawFirm
01
Apr

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

April 1, 2021
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...
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AT Mpungose & Dlamini Incorporated
01
Feb

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

February 1, 2021,
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...
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AT Mpungose and Dlamini Attorneys
08
Oct

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

October 8, 2020,
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,...
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15
Jul

Paja is not applicable to organs of state

July 15, 2020,
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...
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15
Jul

Does the decision by an organ of state to cancel a tender before adjudication amount to administrative action?

July 15, 2020,
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...
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15
Jul

Exhausting internal remedies in the municipal procurement – what does exhaust internal remedies mean in terms of Section 7(2) of Paja?

July 15, 2020,
In situations where a tenderer is aggrieved with the decision of the municipality in respect of a tender and wants to challenge it in the court law, what would, in law, be deemed as “exhausting all internal remedies”? The first point in establishing the legal position i.e. rights of the tenderer and powers of the...
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