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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The doctrine of legitimate expectations: prospects and problems in constitutional litigation in South Africa
Author:Ikhariale, M.A.
Periodical:Journal of African Law
Geographic term:South Africa
rule of law
administrative law
Abstract:In the specific context of South Africa, the concept of legitimate expectation has seemingly been introduced to reinforce the constitutional right to administrative justice (section 24 of the interim constitution of 1993). With the aid of some cases recently decided by South African courts, the author demonstrates how the constitutional adoption of the doctrine of legitimate expectation might be deployed as an additional arsenal in the promotion of the rights of the citizens, especially in the context of 'just administrative action'. The decision of the South African Constitutional Court in the case of Premier, Mpumalanga, and Another v. Executive Committee, Association of State-aided Schools, Eastern Transvaal, in which the Court applied the doctrine in favour of individuals against the government, indicates that the court is aware of both the textual and conceptual obligations imposed on it by section 24 of the interim constitution. Notes, ref., sum. (p. i).