Ratio Decidendi
Literal translation
reason for deciding
Legal meaning
In South African law, 'ratio decidendi' refers to the rationale or reasoning behind a court's decision in a case. It serves as a foundational principle upon which subsequent cases are decided. [1] This concept is crucial in ensuring consistency and predictability in judicial decisions.
Examples
- In the matter of M. Smith vs. M. Jones, the court held that ratio decidendi is a key principle in determining case law.
- The High Court of South Africa cited 'ratio decidendi' as an important concept for guiding the principles of legal consistency.
Cases citing this term
- 🇿🇦 Turnbull-Jackson v Hibiscus Coast Municipality and OthersConstitutional Court of South Africa· 2014-09-11· CCT 104/13
vital constitutional questions."⁹¹ (Footnote omitted.) [56] The doctrine of precedent decrees that only the ratio decidendi⁹² of a judgment, and not obiter dicta, have binding effect.⁹³ The fact that obiter
- 🇿🇦 True Motives 84 (Pty) Ltd v Mahdi and Another
- 🇿🇦 Hibiscus Coast Municipality v Hume HousingSupreme Court of Appeal of South Africa· 2016-05-23· 638/15
finding, held Steyn J, was not obiter dictum, but part and parcel of the ratio decidendi. The learned judge thus upheld the special plea of res judicata. [8] On appeal
- 🇿🇼 Feathers Mukondo v The StateOther Courts
- 🇿🇼 Misheck Muza v Reggie Saruchera and OthersSupreme Court
- 🇿🇼 Rinos Terera v CK Holland t/a Hollands and OthersHigh Court (Harare)· HC 5716/21
- 🇿🇦 Edward Mbuyiselo Makhanya v The University of Zululand
- 🇿🇦 Botha v Standard Bank of South Africa LtdSupreme Court of Appeal of South Africa· 2019-09-06· 445/2018
the question is whether Oliff is no longer good law having regard to the ratio decidendi in Investec. The following were the facts in Investec: Investec had lent money
- 🇿🇦 Camps Bay Ratepayers' and Residents' Association and Another v Gerda Yvonne Ada Harrison and AnotherConstitutional Court of South Africa· 2010-11-04· CCT 18/10
course, it is trite that the binding authority of precedent is limited to the ratio decidendi (rationale or basis of deciding) and that it does not extend to obiter dicta
- 🇿🇦 The President of the Republic of South Africa and Others v Quagliani and Others; The President of the Republic of South Africa and Others v Van Rooyen and AnotherConstitutional Court of South Africa· CCT 24/08 and CCT 25/08
IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CASE NO: CCT 24/08 CASE
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