Answer to Question #263915 in Sociology for NEO

Question

Conclude on the applicability of clause to South Africa and feasibility of implementing it in South Africa

Answer 1

Applicability of the clause is measured by looking at whether the extraordinary event qualifies as force majeure under the contract at issue; the risk of nonperformance was foreseeable and able to be mitigated; and performance is truly impossible. Qualifying the event at issue as force majeure under the contract. South Africa was one of the 1990s iconic cases of democratization.

The SCA concluded that a court cannot therefore refuse to give effect to a contract simply because if such a contract is implemented it will be regarded by the individual judge to be unreasonable and unfair and “unless the Constitutional Court holds otherwise, the law is as stated by this court. South African courts have discretion to adjudicate in a dispute despite an applicable exclusive jurisdiction clause, while our courts will not apply South African law where the parties have agreed that another law will apply. What may be a strong argument in support of the notion that Ubuntu is a constitutional value is the fact that the founding values of the Constitution that is human dignity, equality, promotion of human rights and freedoms, accountability and openness have a close correlation with several key elements of the current understanding of Ubuntu such as human dignity, respect, compassion, honesty, and conformity.