The Constitutional Court as the apex court for the common law of contract: middle ground between the approaches of the Constitutional Court and the Supreme Court of Appeal

@article{Bhana2018TheCC,
  title={The Constitutional Court as the apex court for the common law of contract: middle ground between the approaches of the Constitutional Court and the Supreme Court of Appeal},
  author={D. Bhana},
  journal={South African Journal on Human Rights},
  year={2018},
  volume={34},
  pages={32 - 8}
}
  • D. Bhana
  • Published 2018
  • Political Science
  • South African Journal on Human Rights
  • Abstract In terms of the Constitution Seventeenth Amendment of 2012, the Constitutional Court is now the apex court in all legal matters. From a conceptual standpoint, this development is welcomed in relation to contract law. Indeed, the hope is that the recognition of the Constitutional Court as the apex court better enables it to exhort the Supreme Court of Appeal (SCA) (and the lower courts) to integrate the rights and values of the Constitution properly within the common law of contract… CONTINUE READING

    References

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    Ibid para 92 citing Electricity Supply Commission v Stewarts & Lloyds of SA (Pty) Ltd 1981 (3) SA 340 (A)
      In this respect, the court cites with approval at paras 96-97 the SCA decisions of Lethaba Sawmills (Edms) Bpk v Majovi (Edms) Bpk 1993 (1) SA 768 (A) and Southernport Developments (Pty) Ltd v
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      Mr Please Call Me's Story Destined for a Book and the Big Screen' Mail & Guardian
        See generally A Cockrell 'Substance and form in the South African law of contract
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        That is, using the common law of contract framework -see ibid and authorities cited in note 14