Freedom of contract and the Bill of Rights

I am doing some research in a restraint of trade matter and I came across an interesting link between the principle of freedom of contract and the Bill of Rights. In the case of Reddy versus Siemens Telecommunications (Proprietary) Limited the Supreme Court of Appeal held the following:

Contractual autonomy is part of freedom informing the constitutional value of dignity, and it is by entering into contracts that an individual takes part in economic life. In this sense freedom to contract is an integral part of the fundamental right referred to in s 22. Section 22 of the Constitution guarantees [e]very citizen the right to choose their trade, occupation or profession freely reflecting the closeness of the relationship between the freedom to choose a vocation and the nature of a society based on human dignity as contemplated by the Constitution. It is also an incident of the right to property to the extent that s 25 protects the acquisition, use, enjoyment and exploitation of property, and of the fundamental rights in respect of freedom of association (s 18), labour relations (s 23) and cultural, religious and linguistic communities (s 31).

Restraints of trade bring into play a balancing of the Constitutionally guaranteed rights of the opposing parties. I just found this interesting and thought I would share it with you.

Technorati Tags:
, , , , , ,






What do you think?

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: