Explain whether the court, that delivered the final judgment on appeal in Ntshongwana
v S in 2023, is bound by the decision of the full court on 4 June 2021 in the
KwaZulu-Natal Division of the High Court, Pietermaritzburg per Nkosi AJ with Vahed
and Steyn JJ concurring. Refer to the doctrine of precedent in your answer.
The court that delivered the final judgment on appeal in Ntshongwana v S in 2023 is bound by the decision of the full court on 4 June 2021 in the KwaZulu-Natal Division of the High Court, Pietermaritzburg per Nkosi AJ with Vahed and Steyn JJ concurring. This is because of the doctrine of precedent, which forms the basis of the common law legal system.
Under the doctrine of precedent, lower courts are bound to follow the decisions of higher courts in the same jurisdiction. In this case, the full court decision in 2021 was made by a higher court (a full court of the High Court) and the court delivering the final judgment on appeal in 2023 is a lower court bound by that decision.
Therefore, the court in 2023 must follow and apply the principles laid down in the 2021 decision, unless there are exceptional circumstances to depart from it. This ensures consistency and predictability in the law, as well as respect for the decisions of higher courts.