of 1993 (IC), schedule 4, Principle II: Certification, 1996 (4) SALR
at 822-23 [paragraph] 159.
See Grootboom, 2001 (1) SALR
at 79-80; Treatment Action
Second, the SALR
attempted to resolve current agricultural stagnations through the creation of full-time farmers.
116) See South Australian Co v City of Port Adelaide  SALR
161, which relied on the Nullum Tempus Act.
Makwanyane, 1995 (3) SALR
391,415-24, 451-53 (CC) (holding the death penalty unconstitutional in South Africa and discussing and disagreeing with the United States Supreme Court's more recent cases).
86) A third question courts consider in determining whether a contract is for 'necessaries' is whether any contract agreed upon by the parties contains provisions that are so unfair as to render the contract, as a whole, one that is not to the minor's benefit: see De Francesco v Barnum (1890) 45 Ch D 430, 439, 443 (Fry LJ); De Garis v Dalgety & Co Ltd  SALR
102, 137, 139-40 (Murray J), 156-7 (Buchanan TJ); Blennerhassett's Institute of Accountancy Pty Ltd v Gairns (1938) 55 WN (NSW) 89, 90 (Jordan CJ); Minister for Education v Oxwell  WAR 39, 45 (Virtue J).
Ndhlovu, 1968 (4) SALR
515, 520-21(A), which accepted the new order in power at that time in Rhodesia, relied heavily on Luther v.
132) White v McLean (1890) 24 SALR
97; Thwaites v Brahe (1895) 21 VLR 192.
36) Government of the Republic of South Africa v Grootboom  1 SALR
28) Azanian Peoples Organization v President of the Republic of South Africa  4 SALR
671, 676 ('AZAPO').
111) See also Carmichele v Minister for Safety and Security  4 SALR
See also the decision of the South African Constitutional Court in Fose v Minister of Safety and Security  3 SALR
786 refusing to award constitutional damages in a punitive measure against police who had acted in flagrant violation of the plaintiff's rights.