The Premier, Province of Mpumalanga and Another v Executive Committee of the Association of Governing Bodies of State-Aided Schools: Eastern Transvaal

The MEC for Education in Mpumalanga decided in 1995 to terminate bursaries paid to indigent learners attending state-aided (Model C) schools. These bursaries subsidised school fees, transport and boarding costs and mainly benefited historically white schools. Although it was common cause that the bursary system was an inequitable legacy of apartheid and needed reform, the decision to terminate payments mid-year was challenged by an association representing school governing bodies. They argued that the termination was procedurally unfair because schools had already budgeted and entered into contractual commitments for the 1995 school year on the assumption that bursaries would continue. The Transvaal High Court set aside the decision and ordered continued payment until the end of 1995. The matter ultimately came before the Constitutional Court.

Leave to appeal was granted but the appeal was dismissed. The High Court order setting aside the decision to terminate bursaries and requiring payment until 31 December 1995 was upheld. The attorney-and-client costs order against the second applicant was confirmed.

The case is significant for affirming that transformative goals such as redressing apartheid-era inequalities must be pursued consistently with procedural fairness. It underscores that even well-intentioned redistributive policies are subject to constitutional administrative-law standards and protects legitimate expectations in transitional governance.