n South African Law Journal - Curbing the constitutional development of contract law : a critical response to : notes

Volume 131, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



Every so often a decision of our courts fails to gain the attention it deserves. The Constitutional Court's decision in 2012 (3) SA 531 (CC) (), as well as its predecessor in the Supreme Court of Appeal ('SCA') (2011 (5) SA 19 (SCA)), is an example of such a case. Perhaps the silence in academic discourse is due to the majority of the Constitutional Court avoiding the contentious issues, or perhaps it is due to the court merely remitting the matter back to the administrative housing tribunal from where it originated. However, regardless of the reasons, this decision, in time, may prove to be of great importance. What started out as the mere exercise of a right in terms of an agreed-upon contractual provision, transformed into a debate on the role of the Constitution in regulating and developing the common-law of contract.

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