MEC for Education, Northern Cape v Bateleur Books (Pty) Ltd (298/08) [2009] ZASCA 33; 2009 (4) SA 639 (SCA) ; [2009] 3 All SA 127 (SCA) (31 March 2009)

MEC for Education, Northern Cape v Bateleur Books (Pty) Ltd (298/08) [2009] ZASCA 33; 2009 (4) SA 639 (SCA) ; [2009] 3 All SA 127 (SCA) (31 March 2009)

The majority held that the department's abrupt change in procurement practice, excluding publishers without notice after years of close involvement, was unfair and unlawful. The publishers had a legitimate expectation to be consulted before such a change, given the established practice and their reliance on it. The department's failure to provide notice or opportunity to make representations violated elementary fairness and the principles of administrative justice. The procurement process, while aiming for efficiency, could not override the duty of fair decision-making. The appeal was dismissed, confirming the High Court's order setting aside the department's decision.

Citation
[2009] ZASCA 33
Parties
Appellant: MEC for Education: Northern Cape Province; Appellant: Head: Department of Education, Northern Cape Province; Respondent: Bateleur Books (Pty) Ltd & Others
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 2009
Case Number
298/08
Procedural Posture
Civil Appeal / Appeal From Kimberley High Court; Review and Interdict of Administrative Decision
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Cameron, Mthiyane, Jafta, Maya, Boruchowitz
Legal Topics
Legitimate Expectation, Procedural Fairness, Procurement Processes, Promotion of Administrative Justice Act, Constitutional Procurement Requirements
Administrative Law Civil Procedure Legitimate Expectation Procedural Fairness Procurement Processes Promotion of Administrative Justice Act Constitutional Procurement Requirements

Case Brief

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Parties

MEC for Education: Northern Cape Province

Appellant

Head: Department of Education, Northern Cape Province

Appellant

Bateleur Books (Pty) Ltd & Others

Respondent

Procedural Posture

Civil Appeal / Appeal From Kimberley High Court; Review and Interdict of Administrative Decision

Legal Issues

  1. 1 Whether the provincial education department's abrupt change in procurement practice without notice was unlawful and unfair.
  2. 2 Whether the publishers had a legitimate expectation to be consulted before the change.
  3. 3 Whether the procurement process complied with section 217(1) of the Constitution and PAJA.

Ratio Decidendi

The majority held that the department's abrupt change in procurement practice, excluding publishers without notice after years of close involvement, was unfair and unlawful. The publishers had a legitimate expectation to be consulted before such a change, given the established practice and their reliance on it. The department's failure to provide notice or opportunity to make representations violated elementary fairness and the principles of administrative justice. The procurement process, while aiming for efficiency, could not override the duty of fair decision-making. The appeal was dismissed, confirming the High Court's order setting aside the department's decision.

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.
  • The High Court's order setting aside the department's decision stands.