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={Deeksha Bhana},
  journal={South African Journal on Human Rights},
  year={2018},
  volume={34},
  pages={32 - 8}
}
  • D. Bhana
  • Published 2 January 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… Expand

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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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Ibid para 92 citing Electricity Supply Commission v Stewarts & Lloyds of SA (Pty) Ltd 1981 (3) SA 340 (A)
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