Hon House Chair, as I stated in my speech about clause 13(a), I tried to explain that this is a clear case of fronting, or fraud, and it makes it very clear that no cancellation - none - may take place unless you provided false information and, furthermore, it has been knowingly furnished. Therefore, the two elements are false information and knowing that you have done it. Should false information be inadvertently or negligently furnished, etc, the organ of state will not be entitled to cancel the contract itself. The clause is confined to the rather serious matter of furnishing information fraudulently. Any amendment thereof against this backdrop should be seen in this light. Furthermore, any administrative action by organs of state or public entities is by necessary implication subject to just administrative action enshrined in section 33 of the Constitution, and also Paja, the Promotion of Administrative Justice Act, No 3 of 2000.
It therefore follows that any decision to cancel an authorisation must be the legal consequence of administrative action that is lawful, reasonable and procedurally fair. Any decision to cancel a contract will be governed by the law of contract in that a misrepresentation will amount to a breach of contract. [Interjections.] Not that the Promotion of Administrative Justice Act does ... [Interjections.] Since when does the Promotion of Administrative Justice Act ... [Interjections.] Absolutely, don't interrupt me.
Should the legislature be prescriptive in the Act of Parliament in this regard, such statutory prescription will ... [Interjections.] If you go through with this amendment, you will find that it will prove to be problematic in law. The reason is that the provisions regarding the time periods and the procedures to be followed in the case of a breach are invariably to be found in contractual agreements already envisaged.
You may find yourself excluding any further remedy simply because you have decided to be overly prescriptive in the legislation itself. That is all we are saying - and I must say, I always welcome your input. You have been a valuable member of the committee, hon Hill-Lewis. I wouldn't like you to spoil that track record now.
In conclusion, we respectfully recommend that serious consideration be given - and I speak to all the opposition parties - to retaining clause 13(a) in its current form to protect yourself and your members. [Applause.]