The concept of fairness has long been a point of contention in our common law of contract. Indeed, many academic commentators have argued for greater (substantive) fairness in contracts on the basis of the horizontal application of the Constitution of the Republic of South Africa, 1996. Nevertheless, the Supreme Court of Appeal (SCA) has maintained consistently that fairness per se is not a legitimate ground for striking down a contract as invalid. In the words of Cameron JA (as he then was), 'the Constitution and its value system [do not] confer on Judges a general jurisdiction to declare contracts invalid because of what they perceive as unjust, or power to decide that contractual terms cannot be enforced on the basis of imprecise notions of good faith'.