Reasoned judgment

A reasoned judgment explains the grounds of the court's conclusion. The Constitution requires all judicial decisions to state their reasons, covering the parties' claims and defences, the discussion of the evidence and the legal conclusion reached.

The operative part is pronounced at the hearing, and the reasoned judgment must be written within the statutory period. Appeal periods run either from pronouncement or from service of the reasoned judgment, a distinction of great practical significance, and miscalculating the starting point is a classic cause of losing the right to appeal.

Absence of reasons, or contradictory reasoning, is in itself a ground for reversal and forms part of the right to a fair trial. Since appellate briefs are built on rebutting the findings in the reasoning one by one, careful study of the judgment directly affects the prospects of the appeal.