BW Brightwater Way Props (Pty) Ltd v Eastern Cape Development Corporation (1235/2019) [2021] ZASCA 47 (19 April 2021)

Flynote

Legality review of a lease agreement in respect of immovable
property concluded contrary to the legislative prescripts relating to Procurement
Policy – such agreement is constitutionally invalid – whether the court can in the
exercise of its discretion under s 172(1)(b) of the Constitution extend the duration
of a lease agreement in order to preserve accrued rights.


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