Plea of res judicata by reason of issue estoppel in action for damages arising from alleged unlawful termination of membership – prior judgment of court dismissing application for order reinstating membership – whether same issue (eadem quaestio) decided in prior judgment requiring close examination of the basis upon which application dismissed – such relief not sought and court finding that the issue not fully ventilated – dismissal of application not amounting to determination of the issue at stake in later damages action – no scope for issue estoppel to apply.
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Public Protector of South Africa v Speaker of the National Assembly and Others (8500/2022)  ZAWCHC 197
Click here to read the full judgment on Saflii  The applicant has brought an application on an extremely urgent basis In terms of section 18(1) and section 18(3) of the Superior Courts Act 10 of 2013 ("the Superior Courts Act”) to render the Judgment of this Court delivered on 9 September 2022 ("the judgment”) to be operational and executable, pending any application for leave to appeal or appeal delivered In respect thereof. →