Court rejects infusion of ubuntu in contract law

And while a minority of judges suggested that the issue be referred back to the KZN High Court (Pietermaritzburg) to consider developing ubuntu into contract law in the spirit of the Constitution and the Bill of Rights, the majority said this would take too long and Shoprite - which owned the property - would be prejudiced. According to the report, Everfresh had signed its lease with the previous owner and initially claimed that the lease gave it a right to renew. When this was rejected by the High Court, Everfresh asked for leave to appeal to the SCA, but this was denied. It then, for the first time, raised a constitutional issue - that the common law of contract should be infused with the values of good faith - and asked the Constitutional Court to be the ultimate arbiter. The report says in the minority judgment penned by Judge Zak Yacoob, he said the question of enforcement of 'good faith' - ubuntu - should be dealt with because contracts touched the lives of many ordinary people. But Deputy Chief Justice Dikgang Moseneke had the backing of six judges in his judgment rejecting Everfresh's appeal entirely. 'This is a commercial dispute of considerable monetary value... Everfresh appears to have benefited from the prolonged litigation in the sense that it has warded off ejectment and continued with its commercial enterprise pending a final decision of the court,' he is reported to have said when dismissing the case with costs. Full report in The Mercury (subscription needed) Judgment