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dc.date.accessioned 2017-04-08T17:16:58Z
dc.date.available 2017-04-08T17:16:58Z
dc.date.created 2013-09-12 en
dc.identifier.citation [2013] ZACC 31
dc.identifier.citation 2013 (12) BCLR 1358 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3735
dc.title Ka Mtuze v Bytes Technology Group South Africa (Pty) Ltd and Others en
dc.title.alternative CCT53/13 en
dc.identifier.casenumber CCT53/13 en
dc.contributor.judge The Court
dc.date.judgment 12 September 2013
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3735/Full%20judgment%20Official%20version%20%28118%20Kb%29-21346.pdf?sequence=1&isAllowed=y
dc.concourt.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.
dc.concourt.casehistory Application for reconsideration of the Constitutional Court’s dismissal order of 28 May 2013.


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