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A company formed by a constitutionally defective merger is void and lacks standing to bring a petition.
• Constitutional law – Article 119(5) – mandatory Attorney General legal advice for agreements in which Government/public bodies have an interest; failure renders such agreements unconstitutional and void.
• Constitutional law – Article 164(3) – Parliament’s and Auditor General’s oversight of public funds; structuring transactions to place public funds beyond oversight is unconstitutional.
• Civil procedure – locus standi – an entity formed by an agreement that is constitutionally void is a non-entity and lacks standing to sue.
• Companies – use of special purpose vehicles and joint ventures involving public bodies; legality subject to constitutional safeguards.
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