n South African Law Journal - The balance between certainty and flexibility in horizontal and vertical stare decisis : : notes

Volume 132, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



The case of 2013 (5) SA130 (WCC) ('') is interesting, not only from the perspective of the law relating to simulated transactions, but also from the perspective of stare decisis. The Western Cape High Court's treatment of the decision of the Supreme Court of Appeal ('SCA') in 2011 (2) SA 67 (SCA) ('') raises important questions about the use of precedent in South Africa. These questions are all the more relevant in light of the very recent clarification of by the SCA in [2014] 2 All SA 654 (SCA) (''). In analysing the Bosch decision, it will be contended that the manner in which both judges approached the binding precedent of was inappropriate, notwithstanding the decision in , because it was in conflict with the doctrine of stare decisis.

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