Judicial Precedents

Judicial precedents are prior court decisions that establish legal principles or rules
applied to subsequent cases with similar facts or issues. This concept is a
cornerstone of common law systems, ensuring consistency, predictability, and
fairness in judicial rulings. Precedents can be binding or persuasive:
Binding Precedents: Decisions from a higher court within the same jurisdiction
must be followed by lower courts. For example, a Supreme Court ruling binds all
subordinate courts.
Persuasive Precedents: Decisions from courts of equal or lower rank, or from other
jurisdictions, are not mandatory but may influence a judge’s reasoning if deemed
relevant or well-reasoned.
The process involves identifying the ratio decidendi (the legal reasoning or
principle behind the decision), which is binding, as opposed to obiter dicta
(incidental remarks), which are persuasive but not obligatory. Precedents can be
overturned or distinguished by higher courts if they are outdated, unjust, or
inapplicable to new circumstances, balancing stability with adaptability.
Stare Decisis
Stare decisis, meaning "to stand by things decided," is the legal doctrine that
mandates courts to adhere to established precedents. It underpins judicial
precedents and operates in two dimensions:
Vertical Stare Decisis: Lower courts are bound by decisions of higher courts in the
same judicial hierarchy. For instance, a High Court must follow a Supreme Court
ruling.
Horizontal Stare Decisis: Courts are generally bound by their own prior decisions,
though higher courts (e.g., Supreme Courts) have more flexibility to overrule
themselves if there’s a strong justification, such as societal changes or legal errors.
The doctrine promotes legal certainty, ensuring similar cases yield similar
outcomes, but it’s not absolute. Courts may depart from precedent if it’s deemed
erroneous, impractical, or inconsistent with modern values—often through a
process of distinguishing (highlighting factual differences) or overruling (explicitly
rejecting the prior decision). Stare decisis is particularly prominent in common law
jurisdictions like Eswatini and South Africa, inherited from British colonial legal
traditions.
Structure of Courts in Eswatini
Eswatini’s judicial system reflects a hybrid of Roman-Dutch common law (from
colonial influence) and Swazi customary law, operating under a dual legal
framework. The structure is as follows:
Supreme Court:
The highest court in Eswatini, established under the 2005 Constitution.
Comprises the Chief Justice and other justices.
Exercises appellate jurisdiction over all lower courts and original jurisdiction in
constitutional matters or cases of national importance.
Final arbiter in disputes, including those involving customary law appeals from the
High Court.
High Court:
Second-tier court with unlimited original jurisdiction in civil and criminal matters.
Hears appeals from Magistrates’ Courts and Swazi National Courts (if escalated).
Also serves as a constitutional court for human rights and administrative law cases.
Judges are appointed by the King on the advice of the Judicial Service
Commission.
Subordinate Courts (Magistrates’ Courts):
Handle minor civil disputes, petty crimes, and preliminary inquiries for serious
offenses.
Divided into grades based on jurisdictional limits (e.g., monetary value or
sentencing power).
Magistrates preside, appointed by the Judicial Service Commission.
Swazi National Courts (Traditional Courts):
Operate under customary law, addressing local disputes like land, family, and
minor offenses within communities.
Presided over by chiefs or their appointees, with jurisdiction limited to Swazi law
and custom.
Appeals may escalate to the High Court if they involve significant legal questions
or conflicts with common law.
The judiciary is constitutionally independent, though its dual system sometimes
creates tension between customary and formal legal principles. The King, as head
of state, holds symbolic influence but does not directly interfere in judicial
functions.
Structure of Courts in South Africa
South Africa’s judicial system, detailed in Chapter 8 of the 1996 Constitution, is a
sophisticated hierarchy rooted in Roman-Dutch law, English common law, and
indigenous customary law. It emphasizes judicial independence and constitutional
supremacy. The structure is as follows:
Constitutional Court:
Apex court for constitutional matters, located in Johannesburg.
Comprises the Chief Justice, Deputy Chief Justice, and nine other justices.
Has exclusive jurisdiction over constitutional disputes (e.g., Bill of Rights
violations) and can review parliamentary or presidential actions.
Decisions are final and binding on all courts, though it rarely hears non-
constitutional cases directly.
Supreme Court of Appeal (SCA):
Based in Bloemfontein, it’s the highest court for non-constitutional appeals.
Led by a President and Deputy President, with a variable number of justices.
Hears appeals from the High Court in civil and criminal matters, excluding
constitutional issues reserved for the Constitutional Court.
Its rulings bind all lower courts unless overridden by the Constitutional Court on
constitutional grounds.
High Court:
Organized into provincial divisions (e.g., Gauteng Division, Western Cape
Division).
Exercises original jurisdiction over serious civil and criminal cases and appellate
jurisdiction over Magistrates’ Courts.
Can hear constitutional matters, though these may be referred to the Constitutional
Court.
Judges are appointed by the President on the recommendation of the Judicial
Service Commission.
Magistrates’ Courts:
Divided into District Courts (minor civil and criminal cases) and Regional Courts
(more serious cases, including certain felonies).
Handle the bulk of litigation, with jurisdictional limits on fines, sentences, and
claim values.
Magistrates preside, appointed by the Minister of Justice based on Judicial Service
Commission advice.
Specialized Courts:
Labour Courts: Address employment disputes under the Labour Relations Act.
Land Claims Court: Resolves land restitution cases arising from apartheid-era
dispossession.
Equality Courts: Handle discrimination cases under the Promotion of Equality Act.
Children’s Courts and others exist for specific legal areas.
Traditional Courts:
Operate under customary law for indigenous communities, dealing with local
disputes.
Recognized by the Constitution but subordinate to the formal system, with appeals
possible to Magistrates’ Courts.
South Africa’s judiciary is robust, with a clear hierarchy enforcing stare decisis:
Constitutional Court and SCA decisions bind lower courts, while High Court
rulings are persuasive unless appealed.
References
Judicial Precedents
Southern African Legal Information Institute (SAFLII) - "The Doctrine of
Precedent in South Africa"
URL: http://www.saflii.org/za/journals/OBITER/2022/5.html
Legal Information Institute (Cornell) - "Precedent"
URL: https://www.law.cornell.edu/wex/precedent
Thomson Reuters Legal - "Stare Decisis: Definition, Examples and Critical
Analysis"
URL: https://legal.thomsonreuters.com/en/insights/articles/stare-decisis-definition-
examples-critical-analysis
Stare Decisis
De Rebus - "The Doctrine of Precedent and the Value of s 39(2) of the
Constitution"
URL: https://www.derebus.org.za/the-doctrine-of-precedent-and-the-value-of-s-
392-of-the-constitution/
Investopedia - "Stare Decisis: What It Means in Law, With Examples"
URL: https://www.investopedia.com/terms/s/stare_decisis.asp
Legal Knowledge Base - "How Does a New Precedent Impact Future Current and
Past Court Cases?"
URL: https://legalknowledgebase.com/how-does-a-new-precedent-impact-future-
current-and-past-court-cases
Structure of Courts in Eswatini
Government of Eswatini - "The Constitution of the Kingdom of Eswatini Act,
2005"
URL: https://www.gov.sz/index.php/constitution
Judiciary of Eswatini - "Court Structure"
URL: https://www.judiciary.org.sz/courts
Commonwealth Legal Information Institute - "Eswatini Legal System"
URL: https://www.commonlii.org/sz/legis/const/2005/
Structure of Courts in South Africa
South African Government - "Judicial System"
URL: https://www.gov.za/about-government/judicial-system
Constitutional Court of South Africa - "About the Court"
URL: https://www.concourt.org.za/index.php/about-us/about-the-court
Supreme Court of Appeal of South Africa - "Jurisdiction"
URL: https://www.supremecourtofappeal.org.za/index.php/jurisdiction
Judiciary of South Africa - "The South African Judicial System"
URL: https://www.judiciary.org.za/index.php/the-south-african-judicial-system
Department of Justice and Constitutional Development - "Court Services"
URL: https://www.justice.gov.za/services/courts.htm