Monthly Archives: December 2015

Constitutional Court Review Conference 2015

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 »

Escaping the ‘Shifren Shackle’ Through the Application of Public Policy: An Analysis of Three Recent Cases Shows Shifren is not so Immutable after All

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 »