Procurement adjudication and the rights of children : Freedom Stationery (Pty) Ltd v. MEC for Education, Eastern Cape 2011 JOL 26927 (E)

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Abstract

In the last few years there has been increasing interest in the process of public procurement. The emphasis is often on the flaws of the tender processes, such as corruption and disregard for the rule of law, and there is seldom sufficient attention paid to the consequences of the flawed tenders on the rights of the beneficiaries of procured services. The case of Freedom Stationery (Pty) Ltd v The Member of the Executive Council for Education, Eastern Cape1 (the "Freedom Stationery" case) is an exception to this lack, largely due to the intervention of the Centre for Child Law as an amicus. Acknowledging that the realisation of the rights of children was affected by the irregular tender process, the court considered the children's education rights when deciding on whether or not to grant the interim interdict in favour of the applicants. The case illustrates how the constitutional rights of children provide the courts with the tools to consider the impact on children's rights and interests of the irregular tender processes regarding services for children. The decision of the court to consider the impact on children of an alleged irregular tender indicates an acceptance by the court that the rights of children may shape the rights (and responsibilities) of those directly involved in the tender process: the state and the bidders respectively.
Original languageEnglish
Pages (from-to)392-410
Number of pages19
JournalPotchefstroom Electronic Law Journal
Volume15
Issue number1
DOIs
Publication statusPublished - 2012

Open Access - Access Right Statement

This work is licensed under a Creative Commons Attribution 4.0 International License (https://creativecommons.org/licenses/by/4.0/)

Keywords

  • children's rights
  • government purchasing
  • right of education

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