Bateleur Books (Pty) Ltd and Others v MEC Northern Cape Provincial Government Department of Education and Others (1304/06) [2006] ZANCHC 119 (15 December 2006)

Bateleur Books (Pty) Ltd and Others v MEC Northern Cape Provincial Government Department of Education and Others (1304/06) [2006] ZANCHC 119 (15 December 2006)

The court found that the Department’s decision to centralise the selection and procurement of LTS-Material for grades 8, 9 and 11 was an administrative action subject to review under PAJA. The longstanding practice had been for schools to select materials from approved catalogues, with publishers participating in the process. The Department’s unilateral change, without notice or consultation, violated the legitimate expectation of publishers and failed to comply with the requirements of procedural fairness, transparency, competitiveness, and equity as mandated by section 217 of the Constitution. The court rejected the Department’s argument that the decision was purely political or...

Citation
[2006] ZANCHC 119
Parties
Applicant: Bateleur Books (Pty) Ltd; Applicant: Cambridge University; Applicant: Clever Books (Pty) Ltd; Applicant: Hibbard Publishers (Pty) Ltd; Applicant: Macmillan South Africa (Pty) Ltd; Applicant: Maskew Miller Longman (Pty) Ltd; Applicant: Nasou Via Afrika (Pty) Ltd; Applicant: Oxford University Press (Pty) Ltd; Applicant: Shutter and Shooter Publishers (Pty) Ltd; Applicant: Vilia Publishers & Booksellers (Pty) Ltd; Respondent: MEC, Northern Cape Provincial Government: Department of Education; Respondent: Head: Education: Northern Cape Provincial Government: Department of Education; Respondent: Publishers listed on Annexure “B”
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
15 December 2006
Case Number
1304/06
Procedural Posture
Review Application / Judgment After Hearing Full Argument
Outcome
Application granted; the Department’s decisions to centralise procurement and selection of LTS-Material for grades 8, 9 and 11 are reviewed and set aside.
Judges
BC Molwantwa, FD Kgomo
Legal Topics
Promotion of Administrative Justice Act, Legitimate Expectation, Public Procurement, Section 217 Constitution, Procedural Fairness, Standing of Interested Parties
Administrative Law Constitutional Law Civil Procedure Promotion of Administrative Justice Act Legitimate Expectation Public Procurement Section 217 Constitution Procedural Fairness +1 more

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Parties

Bateleur Books (Pty) Ltd

Applicant

Cambridge University

Applicant

Clever Books (Pty) Ltd

Applicant

Hibbard Publishers (Pty) Ltd

Applicant

Macmillan South Africa (Pty) Ltd

Applicant

Maskew Miller Longman (Pty) Ltd

Applicant

Nasou Via Afrika (Pty) Ltd

Applicant

Oxford University Press (Pty) Ltd

Applicant

Shutter and Shooter Publishers (Pty) Ltd

Applicant

Vilia Publishers & Booksellers (Pty) Ltd

Applicant

MEC, Northern Cape Provincial Government: Department of Education

Respondent

Head: Education: Northern Cape Provincial Government: Department of Education

Respondent

Publishers listed on Annexure “B”

Respondent

Procedural Posture

Review Application / Judgment After Hearing Full Argument

Legal Issues

  1. 1 Whether the decision by the Head of Department to centralise the selection and procurement of Learner Teacher Support Material (LTS-Material) for grades 8, 9 and 11 constitutes administrative action subject to review.
  2. 2 Whether the applicants (publishers) had a legitimate expectation that schools would select LTS-Material rather than the Department centrally.
  3. 3 Whether the process adopted by the Department was procedurally fair and complied with section 217(1) of the Constitution and section 3 of PAJA.

Ratio Decidendi

The court found that the Department’s decision to centralise the selection and procurement of LTS-Material for grades 8, 9 and 11 was an administrative action subject to review under PAJA. The longstanding practice had been for schools to select materials from approved catalogues, with publishers participating in the process. The Department’s unilateral change, without notice or consultation, violated the legitimate expectation of publishers and failed to comply with the requirements of procedural fairness, transparency, competitiveness, and equity as mandated by section 217 of the Constitution. The court rejected the Department’s argument that the decision was purely political or...

Court Disposition

Application granted; the Department’s decisions to centralise procurement and selection of LTS-Material for grades 8, 9 and 11 are reviewed and set aside.

Orders

  • The decision of the Second Respondent (Head of Department) to centralise procurement and selection of LTS-Material for grades 8, 9 and 11 is reviewed and set aside.
  • The Second Respondent is directed to withdraw all orders for LTS-Material for grades 8, 9 and 11 already placed with any party to this application.