SciELO - Scientific Electronic Library Online

vol.19 issue1Derivative Misconduct and Forms thereof: Western Refinery Ltd ν Hlebela 2015 36 ILJ 2280 (LAC)Setting aside transactions from pyramid schemes as impeachable dispositions under South African insolvency legislation author indexsubject indexarticles search
Home Pagealphabetic serial listing  

Services on Demand



Related links

  • On index processCited by Google
  • On index processSimilars in Google


Potchefstroom Electronic Law Journal (PELJ)

On-line version ISSN 1727-3781


JORDAAN, DW. Taking a Second Bite at the Appeal Cherry: Molaudzi v S. PER [online]. 2016, vol.19, n.1, pp.1-10. ISSN 1727-3781.

The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical "bite at the cherry". The "bite" can entail appealing through the hierarchy of courts, but once the parties have exhausted their appeals, they cannot re-litigate the same dispute. However, in the recent case of Molaudzi v S 2015 2 SACR 341 (CC) the appellant attempted to appeal to the Constitutional Court twice: the first time the application for leave to appeal was dismissed; the second time the application was granted and the appeal upheld. The appellant got a second "bite at the cherry". In Molaudzi v S the Constitutional Court developed the common law by creating an interest-of-justice exception to the principle of res judicata and - for the first time in the Constitutional Court's history - overturned one of its own judgements. In this case note I present the background of the case of Molaudzi v S, analyse the judgement, and differentiate it from another Constitutional Court case that dealt with res judicata, namely Mpofu v Minister for Justice and Constitutional Development 2013 2 SACR 407 (CC).

Keywords : Res judicata; interests of justice.

        · text in English     · English ( pdf )


Creative Commons License All the contents of this journal, except where otherwise noted, is licensed under a Creative Commons Attribution License