The constitutional right to fair labour practices: a consideration of the influence and continued importance of the historical regulation of (un)fair labour practices pre-1977

2 1 The regulation of the employment relationship from 1652 to 1795 Jan van Riebeeck, an official of the Vereenigde Oost-Indische Compagnie (VOC), 47 arrived at the Cape of Good Hope on 6 April 1652, having been instructed to establish a refreshment station at Table Bay. 48 The arrival of the first Dutch settlers in 1652 did not only introduce Roman-Dutch law 49 into South Africa, but also earmarked the first fundamental demand for labour in South Africa. 50 During the time when the Cape was administered by the VOC, Roman-Dutch law was the common law in the Cape and applied in practice. 51 The most important sources of law in the Cape were legislation, Dutch law as portrayed in the works of Dutch writers and customary law. 52 Roman law as applied to the relationship between employer (master) and employee (servant), was received in the Netherlands, and then gradually altered by legislation in the form of local ordinances and general placaeten. 53 Pertaining to the relationship of master and servant, three general placaeten need mention: 54 44 "What we have said above of a sale in which the price is to be fixed by the decision of a third person, may be applied to the contract of letting to hire, if the amount to be paid for the hire is left to the decision of a third person …" (Inst 3 24 1).45 Sohm

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