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

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          Abstract

          In this paper I briefly discuss the development of the doctrine of legitimate expectation in South African law, which had left the way open for the Constitutional Court to develop a doctrine of substantive legitimate expectation in KwaZulu-Natal Joint Liaison Committee v MEC for Education, KwaZulu-Natal (KZN JLC). I then discuss the court's refusal to develop the doctrine in KZN JLC and analyse the approach adopted instead, which saw the court invoke rationality review to create a new legal mechanism for the enforcement of a unilateral, publicly promulgated promise by government to pay on broad public law grounds. I do so from the perspective of whether or not this creative approach amounted to the development of the doctrine by another name. I consider the implications of the creative approach in KZN JLC for the development of the doctrine of substantive legitimate expectation under administrative law in future. Finally I discuss how the creation of a new legal mechanism to enforce publicly promulgated promises to pay was "subversive of PAJA and the scheme in s 33 of the Constitution".

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          Most cited references15

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          Administrative law in South Africa

          C Hoexter (2012)
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            "A bridge to where?: Introducing the Interim Bill of Rights"

            E Mureinik (1994)
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              "Transformative Constitutionalism and The Common and Customary Law"

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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                Publication of North-West University (Potchefstroom Campus) (Potchefstroom )
                1727-3781
                2015
                : 18
                : 1
                : 3133-3158
                Affiliations
                [1 ] University of Cape Town
                [2 ] University of Pretoria
                Article
                S1727-37812015000100007
                10.4314/pelj.v18i1.06
                bd33259a-c3ca-4905-bc7b-22813c226b3b

                http://creativecommons.org/licenses/by/4.0/

                History
                Product

                SciELO South Africa

                Self URI (journal page): http://www.scielo.org.za/scielo.php?script=sci_serial&pid=1727-3781&lng=en
                Categories
                Law

                General law
                substantive legitimate expectation,publicly promulgated promise to pay,rationality

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