Analysis: New ConCourt ruling could make it easier for government to undo corrupt contracts By Rebecca Davis becsplanb
The Constitutional Court ruled this week that a 2014 decision by Buffalo City Municipality to award a contract to build RDP housing was “constitutionally invalid”.
A legality review, the Constitutional Court judges wrote in this week’s Buffalo City ruling, “has no similar fixed period”. If the delay in bringing the appeal can be explained and justified, it can be overlooked. And even if the delay cannot be properly justified, the Constitutional Court can still rule – as it did this week – that the government decision in question was unlawful.judgment, applying its principles to a situation involving a municipal whistle-blower.
What made the case more complex is that after filing to review the decision, Buffalo City Municipality subsequently attempted to withdraw its application in order to enter into a settlement agreement with the company to which the contract had been awarded, Atlas Construction.
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