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.

• 🇿🇦 Turnbull-Jackson v Hibiscus Coast Municipality and Others
  Constitutional 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 Housing
  Supreme 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 State
  Other Courts
• 🇿🇼 Misheck Muza v Reggie Saruchera and Others
  Supreme Court
• 🇿🇼 Rinos Terera v CK Holland t/a Hollands and Others
  High Court (Harare)· HC 5716/21
• 🇿🇦 Edward Mbuyiselo Makhanya v The University of Zululand
• 🇿🇦 Willie Aaron Sibiya and Others v The Director of Public Prosecutions (Witwatersrand Local Division) and Others
  Constitutional Court
• 🇿🇼 Mary Dongobva v Priviledge Chivaura
  High Court (Harare)· HC 794/22
• 🇿🇦 Mashilo Shadrack Sebola and Another v The Standard Bank of South Africa Ltd and Another
  Constitutional Court of South Africa· CCT 98/11

  IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA (HELD AT JOHANNESBURG) CASE NO

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Areas of law