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The Court applies the test for rescission from this case: the applicant must give a reasonable and satisfactory explanation for default and show a bona fide…
Cited for the proposition that if court orders are disobeyed without consequence, the future of the judiciary and the rule of law would be bleak, and courts…
Cited as authority for considering the progress of winding-up as a weighty consideration within the context of the exercise of a court's discretion whether to…
Cited for the principle that there must be an end to litigation and it would be intolerable if courts could reconsider final orders.
Cited for the requirements for rescission, namely that the applicant must give a reasonable and satisfactory explanation for their default and show a bona fide…
Court applies the two-fold requirements for rescission of a default judgment: applicant must furnish a reasonable and satisfactory explanation for its default…
Applied for the principle that litigants who deliberately elect not to participate in proceedings cannot raise their absence as a ground for rescission in…
Cited for the principle that a court order is binding and must be complied with, obeyed and respected, irrespective of whether it has been correctly or…
The Constitutional Court case was cited for the proposition that even when requirements for rescission are met, the court has discretion which must be…
Cited for the principle that finality serves the public interest and the rule of law and parties cannot seek to avoid finality and have issues reopened.
The court applies the requirements from Zuma that an applicant under Rule 42(1)(a) must show that the order was granted in their absence and was erroneously…
Cited for the principle that once an applicant has met the requirements for rescission, a court is endowed with a discretion to rescind its own order, and the…
Cited for the principle that orders of the Constitutional Court are final and immune from appeal, with narrow grounds for rescission to avoid legal uncertainty…
The court considers this case in relation to the first respondent's submission that the summary judgment order was not by default, but does not decide the…
Cited for the principle of finality of judgments.
Cited for the definition of peremption as a waiver of the constitutional right to appeal in a way that leaves no reasonable doubt about the losing party's…
Applied for the principle that it would be inappropriate for any other court to entertain an application in terms of rule 42 pertaining to an order made by the…
Court applies the distinction between physical absence and elected absence, holding that rule 42(1)(4) protects litigants whose presence was precluded, not…
Applied to explain the distinction between criminal and civil contempt, and the nature of civil contempt consisting of wilful and mala fide disobedience of…
Applied for the principle that contempt of court requires proof that a court order was granted against the alleged contemnor, that the alleged contemnor had…
The court applies the principle that those who abandon ethical standards in pursuit of a cause must prepare to meet the court's reproach and the award of…
Cited for the principle that court orders must be respected and cannot be flouted with impunity, and that compliance with court orders is a constitutional…
The test for contempt of court was restated and applied, including that an applicant must establish: (a) an order was granted against the alleged contemnor;…
Cited to describe the factual circumstances which led to Mr Zuma's sentence of 15 months' imprisonment by the Constitutional Court.
This case is cited for restating the principles applicable in contempt proceedings, particularly the requirements that must be established by an applicant…
Referenced to support the principle that the doctrine of peremption applies equally in the case of rescission as it does in appeals.
Applied for the principle that the proper functioning of courts is premised on the absence of fraud and the court must protect the integrity of proceedings to…
Court cites this case for the principle that courts rely solely on the trust and confidence of the people to carry out their constitutionally mandated function…
The court applies the two-fold test reaffirmed by the Constitutional Court for rescission of default judgments, requiring reasonable explanation for default…
The court follows the principle that all members of South African society must respect and abide by law and court orders, and that courts rely on trust and…
Cited for the principle that the doctrine of peremption applies equally in the case of rescission as in appeals.
The Constitutional Court judgment ordering Zuma's imprisonment for contempt is mentioned as background to the adjournments and unrest that delayed the trial,…
Cited for the test for rescission under rule 42(1)(a) of the Uniform Rules, including that the order sought to be rescinded must have been erroneously granted…
Applied to establish that rule 42(1)(a) gives courts a discretion (not a compulsion) to rescind orders erroneously granted, and that this discretion must be…
Considered in relation to the status of unincorporated international treaties in domestic law and international law as an interpretive tool.
Applied to emphasize the duty to respect and abide by court orders and that court relies on trust and confidence to carry out its constitutionally-mandated…
Cited for the principle that the grounds upon which rescission can be sought are narrow and deliberately carved out by the Legislature to avoid chaos and legal…
This Court confirmed the dual nature of contempt of court (punitive and coercive).
Cited for the principle of subsidiarity in international law, recognising that the main social function of international law is to supplement, not supplant,…
The Constitutional Court declared Mr Zuma guilty of the crime of contempt of court and sentenced him to 15 months' imprisonment for failure to comply with its…