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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- SOUTH AFRICA AND TRANSKEI 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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