Mukaddam v Pioneer Foods (Pty) Ltd and Others [2013] ZACC 23 (27 June 2013)

Section 8(1)(c)(ii)(aa) of the Promotion of Administrative Justice Act 3 of 2000 — test for exceptional circumstances.

Court in as good a place as the administrator — decision of the administrator is a foregone conclusion — considerations of fairness weigh in favour of substitution order — exceptional circumstances warrant substitution order.

Standard of appellate court interference — discretion in the true sense.

Doctrine of res judicata — power to relax doctrine in exceptional circumstances — sections 173 and 39(2) of the Constitution — circumstances in which Court will revisit final judgments in criminal cases

A court is obliged by law to hear any matter that falls within its
jurisdiction and has no power to exercise a discretion to decline to hear such a matter
on the ground that another court has concurrent jurisdiction