MEC for Education, Northern Cape Province v Bateleur Books (Pty) Ltd and Others

For several years prior to 2006, the Northern Cape Department of Education involved publishers closely in the procurement of learner teacher support materials (LTSMs) for public schools. Publishers, at their own expense, prepared catalogues approved by the department, undertook marketing and roadshows, and paid participation deposits. Schools ordered books from local bookshops, which in turn ordered from publishers. In June 2006, without prior notice or consultation, the department decided to change the system for 2007 by introducing centralized procurement for certain grades, bypassing schools and bookshops. Publishers learned of the decision accidentally after incurring substantial costs in reliance on the existing system. They sought and obtained an interdict in the High Court setting aside the decision. The MEC and Head of Department appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel, and the High Court’s order setting aside the department’s decision stood.

The case is a leading Supreme Court of Appeal authority on legitimate expectation and procedural fairness in administrative law, particularly in the context of public procurement. It affirms that even where government pursues efficiency and cost-saving objectives, it must act fairly when changing established practices that private parties have relied upon. The judgment clarifies that the existence of a legitimate expectation depends on fairness and reliance, not rigid time periods or funding sources.