Constitutional Court of South Africa

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.

Extra-curial admissions of an accused inadmissible against a Evidence Amendment Act 45 of 1988 — admission of extra-curial admissions but not confessions violates section 9(1) of the Constitution — common law position restored 

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

Alleged breach of section 89(2)(c) of the Electoral Act — publication of false information to influence outcome of election — alleged breach of Electoral Code of Conduct — defence of fair comment — opinion — sections 16 and 19 of the Constitution — freedom of expression — right to vote — right to free and fair elections — does section 89(2)(c) of Electoral Act apply to a statement of opinion or does it apply only to statements of fact? — analysis of case law on fair comment — penal provisions to be interpreted restrictively — was published statement false? — statement that “the Nkandla report shows how Zuma stole your money to build his R246m home” held to be opinion and not statement of fact and not to breach section 89(2)(c) of Electoral Act — appeal from Electoral Court to Supreme Court of Appeal competent — leave to appeal granted — appeal upheld — decision of Electoral Court set aside.