“The essence of the argument advanced by Southern Sun was that the implementation of the cancellation clause was, under the circumstances, objectively unreasonable, unfair and against public policy. It was advanced that public policy is informed by “…the concept of good faith, ubuntu, fairness and simple justice between individuals” and that the common law principle of Pacta servanda sunt should not be treated as “a […]
Posted: April 11, 2024
What Is the Spirit of Ubuntu? How Can We Have It in Our Lives? “Ubuntu is also about justice, and particularly, justice for all people. As much as we must look after each other, it is also just as important that we exercise fairness and equality for all people regardless of race, gender, or social status. So essentially, Ubuntu is about togetherness as well as […]
Posted: March 24, 2024
Question 1: In 2011 the Constitutional Court heard the case of The Citizen 1978 (Pty) Ltd and Others v McBride (CCT 23/10) 2011 (4) SA 191 (CC). This was a defamation case brought by Robert McBride against the Citizen newspaper. He alleged that they had defamed him. The newspaper believed that the comments were covered by freedom of expression. In the course of his minority […]
Posted: October 21, 2023