Litigate Once And For All – When Can That Be Relaxed?

In order to unpack the technical principle of res judicata and when or if it can be relaxed, a definition is needed:

"The principle of res judicata is well-established in our law: essentially it means that parties to a dispute have only one metaphorical "bite at the cherry". The "bite" can entail appealing through the hierarchy of courts, but once the parties have exhausted their appeals, they cannot re-litigate the same dispute." ¹

It is an interest-of-justice to prevent litigants from re-litigating the same dispute. However, the rule can be relaxed in certain circumstances.

Ilima Projects (Pty) Ltd v MEC Gauteng Department of Infrastructure Development²

Facts of the case: