MEC, Department of Education, North-West v KC Productions CC (CA 14/207)
MEC, Department of Education, North-West v KC Productions CC (CA 14/207) [2009] ZANWHC 10 (5 March 2009)
The court held that the appellant's decision to cancel the contract, which arose directly from a public tender process governed by statute, constituted the exercise of public power and was therefore administrative action subject to the requirements of administrative fairness under PAJA. The contract's formation was a seamless transition from the tender process, with no separate agreement beyond the tender terms dictated by the appellant as a public authority. The attempt to separate the contractual rights from the statutory source was rejected. The appellant failed to act lawfully, reasonably…
Source excerpt
- Promotion Of Administrative Justice Act
- Public Tender Process
- Contractual Termination By State
- Procedural Fairness
- Exercise Of Public Power