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FUR2601 Assignment 2 Semester 1 | Due 24 April 2025. All questions answered. QUESTION 1 [12] There is a crisis in the provision of social grants due to an invalid tender. The matter goes to court, and the court gives its order. Examine the following four items in the court order. Name each remedy used, and briefly explain why the Court chose to use each of them. (In other words, briefly explain the necessity/benefit of each remedy.) 1.1 The Contract for the payment of social grants between the South African Social Security Agency (SASSA) and Cash Paymaster Services (Pty) Ltd (Cash Paymaster) dated 3 February 2012 is declared invalid. (3) 1.2 This declaration is suspended for twelve months, to allow SASSA to complete a new tender process as per item (1.3) below. (3) 1.3 SASSA must initiate a new tender process for the payment of social grants within 30 days of this order. (2) 1.4 The Minister and SASSA must return and file reports with this Court every three months, commencing on the date of this order, setting out the progress of their plan to pay social grants after the expiry of the 12-month period. (4) QUESTION 2 [13] With refence to relevant case law, describe what is meant by the phrase in section 26 and 27 of the Bill of Rights that “the state must take reasonable, legislative and other measures, within its available resources, to achieve progressive realisation of this rights”. QUESTION 3 [15] Two non-governmental organisations (NGOs) decide to start their own bursary funds. The first, “MEN Aid NGO” aims to provide bursaries only to Agriculture students who are classified as “male”. The second, “WOMEN Aid NGO” aims to provide bursaries only to Agriculture students who are classified as “female”. Agriculture is 80% male dominated industry. Both NGOs claim that their bursary schemes amount to redress measures, and thus cannot be unfair discrimination. 3 Discuss and compare the legal validity of the two bursary schemes, referring to relevant legal provisions and case law. ONLY discuss whether these schemes are valid redress measures. In your answer, also BRIEFLY explain what challenge can be raised against a bursary scheme if it does NOT amount to a valid redress measure. [TOTAL: 40]
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