Beadica 231 CC: An end to the trilogy?
Author Simon Thompson
Affiliations: Teaching Assistant, Department of Private Law, University of Cape Town
Source: South African Law Journal, Volume 137 Issue 4, p. 641-658
In this note, I consider the path of the Beadica case through the South African court system. After traversing the relevant law and facts, I focus on the Constitutional Court’s judgment in Beadica 231 CC v Trustees for the time being of the Oregon Trust 2020 (5) SA 247 (CC). I conclude that the majority judgment deserves praise for its pronouncements on several pertinent issues in the law of contract, namely: the ambit of the Constitutional Court’s judgment in Botha v Rich NO 2014 (4) SA 124 (CC), the importance of the doctrine of precedent, the role of concepts such as good faith, reasonableness, fairness and ubuntu in the public policy enquiry, the perceived divergence in approach between the SCA and CC on this issue, and the court’s application of the law to the facts.