A future for the doctrine of substantive legitimate expectation? The implications of Kwazulu-Natal Joint Liaison Committee v MEC for Education, Kwazulu-Natal

Abstract

KwaZulu-Natal Joint Liaison Committee v MEC for Education, KwaZulu-Natal concerned the retraction of a promise to pay subsidies to independent schools. The MEC for Education in KwaZulu-Natal had granted a subsidy under section 48 of the South African Schools Act 84 of 1996 (the Schools Act) for 2009/2010 to independent schools in the province, represented by the applicant. In a 2008 notice the Department of Education, KwaZulu-Natal set out "approximate" funding levels for the schools for 2009/2010. However, the Department did not pay the subsidies to the schools in the amounts indicated in the notice. It paid 30% less. The Department did so on the basis of budget cuts for the 2009/2010 financial year, and notified the schools of its intention to reduce the subsidies by 30% from May 2009.