In 2019, the Western Cape High Court heard a matter concerning the right of Mr. M, a farmer, to administrative action that is lawful, reasonable and procedurally fair, before his farm could be expropriated by the State without compensation. In giving judgment, the court explained in detail what this right entailed. It concluded that, under the circumstances, the farmer’s rights had been violated and that the expropriation is invalid, and consequently ordered the State to return the farm to the farmer. In the process of giving judgment, the court made some general pronouncements about the right to legal representation of parties in civil proceedings. In August 2020, the Mafikeng High Court and a District Magistrates Court in the Western Cape Province each heard a case similar to the one heard by the Western Cape High Court. The Mafikeng High Court noted the judgment of the Western Cape High Court and followed the decision. The Western Cape District Magistrates Court also referred to the Western Cape High Court decision, but decided not to follow it.

Required:

Comprehensively discuss how judicial precedent is applied by South African courts in practice. In your discussion, comment on the stance of the Mafikeng High Court and the Western Cape District Magistrates Court in the context of judicial precedent.

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Common law is a system of law adopted by the English speaking countries who were at a point in time in their journey to nationhood been part of the Br... View the full answer