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Legitimate Expectations and the Right to a Hearing: Lessons from the George Arbi Case

Published online by Cambridge University Press:  28 July 2009

Abstract

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Type
Case Notes
Copyright
Copyright © School of Oriental and African Studies 1998

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References

1 Court of Appeal, Criminal Appeal No. 3 of 1992 (unreported).

2 See judgment of Corbett, C.J., in Administrator, Transvaal and others v. Traub and others 1989 (4) SA 731(A)Google Scholar; Botswana Railway Workers Union v. Botswana Railway Organization and A.G. of Botswana, Misca No. 120/1990 (unreported) per Horwitz, A.J., and Riggs, R.E., “Legitimate expectation and procedural fairness in English law”, (1988) 36 American Journal of Comparative Law 395.Google Scholar

3 Misca No. 120 of 1990 (unreported).

4 Dingake, O.K., Administrative Law in Botswana: Cases, Materials and Commentaries, Gaborone, 1996.Google Scholar

5 Eg. Council of Civil Service Unions and others v. Minister for the Civil Service [1984] 3 All E.R. 935 (HL).Google Scholar

6 Eg. The Administrator, Transvaal and others v. Traub and others (above).

7 Published in the Government Gazette Notice No. 414 of 1986. 30 September is Botswana's Independence Day.

8 Caltona Ltd v. Commissioner of Works (1943) 2 All E.R. 560 at 563, per Lord Green, M.R.Google Scholar

9 At 6–7 of the Court of Appeal Judgment, Court of Appeal Criminal Appeal No. 3 of 1992.

10 At 12.

11 [1969]2 Ch 149; [1969] 1 All E.R. 904, CA.Google Scholar

12 See Riggs (above) and Council of Civil Service Unions v. Minister for the Civil Service above, per Lord Roskill at 954 E.

13 Garner, J.F., Garner's Administrative Law, 7th ed, London, 1989, 169Google Scholar

14 At 943–44A per Lord Fraser. In the Botswana Railways Workers Union case. Horwitz, A.J., puts the matter thus: “A person whose claim falls short of a legal right may nevertheless be entitled to some kind of hearing if the interest at stake rises to the level of a legitimate ‘expectation’ of which it would not be fair to deprive him without hearing what he has to say.”

15 Civil Appeal No. 15/93 (unreported) see Dingake, Administrative law in Botswanda, at 138.

16 See 12 of the Judgment.

17 Above, n. 14.

18 Hlophe, J., “Legitimate expectation and natural justice: English, Australian and South African Law”, 1987 (104) S.A.L.J. 165, 178Google Scholar

19 ibid..

20 [1971] 2 QB 175,Google Scholar[1971] 1 All E.R. 1148.Google Scholar

21 See Corbett, C.J., in the Administrator Transvaal case, above.

22 At 12.

23 See Dingake, above, at 209.

24 See Hlophe, above, at 177.

25 [1978] 3 All E.R. 211;Google Scholar[1978] 1 WLR 1520.Google Scholar

26 See Garner, above, at 186.

27 See n. 9.