Remedial measures : tenders

Part 3 On November 29 2013, the Constitutional Court (CC) delivered a landmark judgement in AllPay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer, South African Social Security Agency and Others 2014 (1) SA 604 (CC) (AllPay 1). In this case, the CC declared that the award of a tender to Cash Paymaster Services (CPS) to provide services for the payment of social grants over a period of five years for all nine provinces, was constitutionally invalid. The CC suspended the declaration of invalidity pending the determination of a just and equitable remedy. The CC ordered parties to furnish it with up-to-date factual information on affidavit before a further hearing was held, for the purposes of determining the appropriate remedy. The CC handed down a further judgement on April 17 2014 (AllPay 2), which set out the remedy. This article is the third article in a three-part series of articles which considers the implications of the AllPay judgement on government procurement contracts.