ADL2601 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2023 - UNISA (DETAILED MEMO WITH A BIBLIOGRAPHY)
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Course
ADL2601 - Administrative Law
Institution
University Of South Africa (Unisa)
Question:-
On the 01st of February 2022, Ms Mavis Dube (Ms Dube) was appointed to the position of Procurement Manager at Itsoseng Local Municipality in Northwest Province of South Africa following the resignation of his predecessor Mr Bethuel Nkomo (Mr Nkomo). Two (2) months after her appoint...
ms mavis dube ms dube was appointed to the position of procurement manager at itsoseng local municipality in northwest province of south africa following the resignatio
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ADL2601 - Administrative Law
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ADL2601
Administrative Law
ASSIGNMENT 1 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:- 675826
Due Date :- 4 APRIL 2023
Includes Footnotes and/or Bibliography
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, On the 01st of February 2022, Ms Mavis Dube (Ms Dube) was appointed to the
position of Procurement Manager at Itsoseng Local Municipality in Northwest
Province of South Africa following the resignation of his predecessor Mr Bethuel
Nkomo (Mr Nkomo).
Two (2) months after her appointment, Ms Dube begun to review all tenders
awarded by the Itsoseng Local Municipality to service providers during Mr
Nkomo’s tenure. Upon reviewing those tenders, she noticed that the Municipality
has awarded a tender to Leballo Constructions and Projects CC (a company that is
always doing business with the Municipality and owned by one of his pollical rival’s
cousin – Leornard Mpura) to build 200 RDP houses in the district of Lefare District
Municipality in the Northwest. Ms Dube decides to cancel the preceding tender for
unknow reasons. The notice was published on Tender Notice 06 of 2023.
Ms Dube was exercising her powers as enshrined in Regulation 13(c) of the
Municipal Finance Management Act of 2003 which states that
1: “Organs of states are entitled to terminate the procurement contracts if they
found that there were or are irregularities during the procurement processes and
or the procurement contracts have been concluded in contravention of the
applicable legislation”. Following the cancellation of the tender, Ms Dube appoints
Batho Pele Consulting (Pty) Ltd to complete the work. Mr Mpura decides to confront
Ms Dube about her decision to cancel the tender and demands reasons for her
decision. Ms Dube’s reason was that she was exercising her discretionary powers
as a Procurement Manager of the Municipality, and she has the powers to do so.
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