The Proper Law of the Individual Labour Contract: Some Perspectives from Southern African Private International Law

This contribution assesses the proper law of the individual labour contract in southern Africa (i.e., Botswana, Lesotho, Namibia, South Africa, Swaziland and Zimbabwe). It addresses this by firstly discussing the freedom of choice with an emphasis on the principle of free choice and the limitation of party autonomy. It proceeds by examining the applicable law in the absence of choice of law. Furthermore, this article discusses the question of whether southern African countries should 'consider' international instruments on the law applicable to contractual obligations (such as European Community Regulation on the Law Applicable to Contractual Obligations, 2008). If so, what would be the best approach for southern African countries to ensure that their private international law benefits from these instruments?