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Civil Procedure

Res Judicata

Res judicata (Latin: "the matter has been decided") is a legal principle that prevents the same dispute between the same parties from being litigated a second time after a final judgment.

Legal Definition

A plea of res judicata succeeds where: (1) there is a final judgment, (2) by a court of competent jurisdiction, (3) between the same parties, (4) on the same cause of action or issue. It prevents endless relitigation and promotes finality of judgments.

📖 Constitutional / Statutory Basis: Section 34, Constitution of the Republic of South Africa, 1996

Practical Example

A plaintiff sues and loses a breach of contract claim. They cannot sue the same defendant for the same breach again — the judgment is res judicata.

Frequently Asked Questions

Is res judicata the same as double jeopardy?
Similar but distinct. Double jeopardy (autrefois acquit/convict) applies in criminal law. Res judicata applies in civil matters.
Can res judicata be waived?
Yes. A party can choose not to raise the plea, allowing the matter to proceed on the merits.
Does res judicata apply to CCMA awards?
Yes. A CCMA arbitration award has the force of res judicata — the same dispute cannot be relitigated.

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