I was honoured to be invited to write a piece for the 7th edition of Constitutional Court Review and presented my paper at the conference on 4 December 2015. My article is on the recent Constitutional Court judgment of Trencon Construction (Pty) Ltd v Industrial Development Corporation of South Africa Limited [2015] ZACC 22. In particular, I… Read More »
Context matters and today’s system of South African administrative law is quite evidently a product of the socio-political background out of which it evolved. It is a curious hybrid of the old and the new: in part, due to its common-law roots, it bears the stamp of the country’s unfortunate apartheid heritage, yet at the… Read More »
Nearly five decades ago, and in the wake of debate in legal circles, the Shifren principle found its way into our law pursuant to the Appellate Division decision in SA Sentrale Ko-op Graanmaatskappy Bpk v Shifren. In terms of this principle, ‘contracting parties may validly agree in writing to an enumeration of their rights, duties and… Read More »