Imbumba Association for the Aged v MEC for Social Development Eastern Cape and Another (1789/2020)
Imbumba Association for the Aged v MEC for Social Development Eastern Cape and Another (1789/2020) [2020] ZAECGHC 112 (1 October 2020)
The court found that the Department's unilateral decision to reduce and withhold funding under the service level agreements constituted a repudiation of those agreements. The applicant's members had performed their obligations by adapting service delivery to home-based care during the pandemic, which was both necessary and consistent with the underlying purpose of the agreements and the Department's constitutional obligations. The Department failed to follow the contractual procedures for reducing funding, did not consult or negotiate, and did not provide evidence that alternative support was…
Source excerpt
- Specific Performance
- Repudiation Of Contract
- Right To Social Services
- Older Persons Act
- Force Majeure
- Public Finance Management