The impact of Res Judicata in litigation proceedings

The litigation procedure has often been found to be a strenuous one, more so when an individual attempts to clear his/her name or is being charged with the same crime or is a defendant in a matter with the same issue. Most individuals will then ask themselves whether it is possible to be charged/implicated in a matter that has the exact same legal implications as a previous one they were involved in?  The answer in this instance is NO.

The doctrine of Res Judicata assists individuals in instances mentioned above, both in a civil and criminal context.

In order to use this doctrine, certain requirements need to be adhered to first.  The Labour Court matter of Mashego v Cellier NO and Others highlighted the requirements for the doctrine and this is discussed further herein.

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