Eastern Cape Rural Development Agency and Another v Agribee Beef Fund (Pty) Ltd and Others (827/2020)
Eastern Cape Rural Development Agency and Another v Agribee Beef Fund (Pty) Ltd and Others (827/2020) [2022] ZASCA 2; 2023 (5) SA 100 (SCA) (6 January 2022)
The Supreme Court of Appeal held that the tripartite agreement between the Department, the Agency, and Agribee Beef Fund (Pty) Ltd was for the provision of goods and services as contemplated by section 217(1) of the Constitution. The agreement required the private entity to provide cattle, veterinary kits, feed supplements, training, and mentorship to smallholder farmers, all funded by public money. Both the Department and the Agency, as organs of state, benefited from these services, which otherwise would have had to be provided directly by them. The absence of a procurement process that com…
Source excerpt
- Public Procurement
- Constitution Section 217
- Contract Invalidity
- Declaratory Relief
- Agency Powers
- Rural Development Funding