Abstract:
Organs of state shall terminate the procurement contracts if it is found that there were irregularities and concluded in contravention of the applicable legislation.1 The general rule is that a contract which has been concluded in violation of legislation is void.2 Section 2 of the Constitution of the Republic of South Africa, 1996 states that law or conduct inconsistent with the Constitution is invalid. When organs of state procure goods or services they are exercising public power of which they are subject to the provisions of the Constitution which is the supreme law. Organs of state which fail to heed the provisions of the procurement laws and or a policy will be acting unlawfully and their decisions will be attack3 as they will be in conflict with the rule of law and the principle of legality.4