Private Law Theory

ABSTRACT
This chapter provides an account of horizontality in South African law. In it, we trace the normative and historical origins of horizontal application before providing a textual and doctrinal analysis of the relevant constitutional provisions. We then explore key substantive themes in the horizontality jurisprudence before turning to two comparative contexts. We argue that South Africa’s horizontal application jurisprudence reflects the transformative ambition of the constitutional project, but that its development has been marked by doctrinal inconsistency and incomplete realisation of that ambition. Fundamentally, what is still awaited is a normative theory that informs the reach and applicability of constitutional rights into what has historically been known as the ‘private sphere’, in a manner that is consistent with the impulses of transformative constitutionalism.

Finn, Meghan and Bhatia, Gautam, Horizontality in South African Law (September 21, 2026). Forthcoming in: Brickhill et al (eds), South African Constitutional Law (Juta, 2026).