On judicial decadence and the dissent in the Zuma rescission application

Our courts will only rescind its own order in the narrowest of circumstances. It was therefore surprising that the dissenting judges in the Jacob Zuma rescission application argued that this application should succeed – despite the fact that Mr Zuma’s lawyers in effect lodged an appeal masquerading as a rescission application. No wonder, then, that reading the dissenting judgment is like watching a snake swallow its own tail.

The deeply entrenched practice in our law of requiring presiding judges who disagree with the outcome of a case, or the reasons advanced by the majority of the court to justify the outcome of that case, to pen or sign onto a dissenting opinion, is a salutary one. It allows for structured judicial dialogue, provides an additional measure to hold judges accountable for their judgments, fosters judicial transparency, and enriches the jurisprudence of our courts as well as our understanding of it. (more…)