Court develops law to ensure procedure doesn’t trump justice
In the Buffalo City versus Asla Construction case, the Constitutional Court found that self-review is both necessary and required, despite earlier inaction
Accepting responsibility for enabling state capture is not enough. For accountability to take its course and give effect to President Cyril Ramaphosa’s “renewal project”, steps must be taken to clean up. With only a few days before we head to the polls, questions of how a newly elected government will clean up corrupt or poorly administered organs of state remain unanswered. The issues raised by the Constitutional Court in Buffalo City Metropolitan Municipality versus Asla Construction on April 16 afforded our highest court the opportunity to give organs of state an increased chance of success to review and set aside contracts awarded unlawfully, despite earlier inaction. The concept of “self-review”, where a body seeks to review its own decision, is not new to SA courts. In Buffalo City the court found that it was both necessary and required, given the current political climate to engage this issue. For the longest time, if an organ of state wanted to set aside its own decision it ...
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