The Common Law’s Cool Ideas for Dealing with MS Hubbard

Authors Malcolm Wallis

ISSN: 1996-2177
Affiliations: Judge of the Supreme Court of Appeal
Source: South African Law Journal, Volume 132 Issue 4, 2015, p. 940 – 970


The article addresses the problem of reconciling the Constitution with the common law in the light of the decisions in Hubbard v Cool Ideas 1186 CC 2013 (5) SA 112 (SCA) and Cool Ideas 1186 CC v Hubbard 2014 (4) SA 474 (CC) and proposes a structure within which to approach the common law from a constitutional perspective.