Synopsis:
Application for reconsideration of the Constitutional Court’s dismissal order concerning the circumstances in which the Court may reconsider an earlier decision. The Court held that, in terms of the common law, once a court has made a final decision in a matter it is functus officio and has no power afterwards to reconsider its decision except under grounds of rescission or variation of judgments. In bringing this matter for “reconsideration” the applicant elected not to cast it as a rescission application. However, even if he had brought a rescission application, the Court held that the applicant would not have succeeded, because the facts of this case did not show that the judgment had been incorrectly granted. The Court concluded that, even if there were a power in terms of the common law to vary orders, this would only be possible in exceptional circumstances, the interests of justice permitting. Since the applicant had not shown the existence of any exceptional circumstances, the application was dismissed with costs.
Judgment of the Court.
Coram: Cameron J, Froneman J, Jafta J, Mhlantla AJ, Nkabinde J, Skweyiya J, Van der Westhuizen J and Zondo J.
