98 S. African L.J. 353 (1981)
Stare Decisis - South African and Transkei

handle is hein.journals/soaf98 and id is 363 raw text is: STARE DECISIS-
In a recent case, S v Gandu,I the Chief Justice of Transkei, while
sitting in the General Division of the Supreme Court, is reported to
have held2 that '[diecisions of the Appellate Division of South
Africa are not binding on me'.
While it is, with respect, perhaps to be regretted that the learned
Chief Justice did not refer to the court instead of its constituent
member, there is not much doubt as to the meaning of this
somewhat bald statement, which is all the more striking when it is
considered that judges normally cite authority, or at least provide
reasons, for a conclusion of law. Here no authority was mentioned
and no reason was given, which might be understandable were a
trite point of law involved; but it is submitted that the point at issue
is far from trite.
In view  of the fact that the binding nature of decisions and the
subject of precedent do not fall to be decided under the tribal or
customary law     of Transkei, it must be assumed that it is the
Roman-Dutch law       which has to be considered in determining
whether or not a previous decision is binding on a court and the
doctrine of stare decisis will therefore have to be applied. In the
present instance there appears to be no case or pronouncement
directly in point on the facts, and some analogous situations will
accordingly have to be sought.
After the establishment of the Transkei High Court in 19733 and
its successor, the Transkei Supreme Court, in 1976,4 the Appellate
Division of the South African Supreme Court had the competence
to hear appeals from matters arising in Transkei.5 In 1979 this
appeal was abolished with the establishment of the Appellate Divi-
sion of the Supreme Court of Transkei.6 It can therefore be seen
that there are three analogous situations in the southern African
context-the abolition of the appeal to the Privy Council; the
establishment of the Federal Supreme Court of the Federation of
1981 (1) SA 997 (Tk).  2 At 998F.
3 Proc R 173 of 1973 (GG 3981 of 20July 1973 (Reg Gaz 1815)).
' Transkei Constitution Act 15 of 1976, s 44(1).  ' Idem s 54(1)(e).
6 The Republic of Transkei Constitution Amendment Act 11 of 1978; s 2 established the
new Appellate Division and s 9 abolished the appeal to the South African Appellate Division.
Both of these sections came into force on I May 1979 in terms of Proc 7 Transkei Government
Gazette 26 of 27 April 1979.

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