Grootboom v National Prosecuting Authority and Another [2013] ZACC 37 (21 October 2013)

Constitutional and administrative law – procurement process – legality review – self-review by an organ of state – proper approach to establish whether irregularities occurred as a matter of fact – evaluation whether irregularities constitute tenable grounds of review – determination of whether there had been deviation from procurement prescripts and, if established, the materiality of such deviation from legal requirements of procurement process – determination of whether the manifest purpose sought to be served by the procurement process had been substantially accomplished.

Delay in instituting a legality review – whether delay unreasonable and if so, whether delay should nevertheless be condoned – legality self-review not subject to strictures of s 7(1) of Promotion of Administrative Justice Act 3 of 2000 – nevertheless legality self-review required to be instituted without unreasonable delay – whether delay is unreasonable is a question of fact – whether unreasonable delay should be condoned entails a value judgment dictated by constitutional value

Public school and school governing body – South African Schools Act 84 of 1996 as amended (the Schools Act) – interpretation of s 60(1) – liability of State for delictual or contractual damage or loss arising from act or omission in connection with school activity for which such a public school would have been liable but for the Schools Act.