CCT10/98

[1998] ZACC 20

1999 (2) SA 91 (CC)

1999 (2) BCLR 151 (CC)

O’Regan J

3 November 1998

2 December 1998

http://hdl.handle.net/20.500.12144/2063

pplicant was granted leave to appeal to the Supreme Court of Appeal [Premier, Provinsie van Mpumalanga en 'n Ander v Hoofbestuurder van die Vereniging van Bestuursliggame van Staatsondersteunde Skole Oos-Transvaal 1998 (8) BCLR 968 (SCA)] against a decision of the High Court. Before the appeal was heard, the final Constitution came into force and an issue on jurisdiction surfaced. This is an application for leave to appeal and an appeal against the decision of the High Court, leave to appeal granted, appeal dismissed.

The right to procedurally fair administrative action where legitimate expectations are affected. The MEC for education in Mpumalanga retroactively decided to discontinue paying bursaries in Mpumalanga .The Association of Governing Bodies of State-aided schools successfully challenged this decision in the Transvaal Provincial Division. The MEC was unsuccessful in his appeal to this court. In a unanimous judgement delivered by O'Regan J, the court found that in absence of affording interested parties adequate prior notice, the government had to act in a procedurally fair manner. The court concluded that the MEC had neither given such prior notice, nor acted in a procedurally fair manner, in retroactively terminating such bursaries.