Agency in South Africa: Mapping its defining characteristics

Abstract

This article draws on contemporary trends in Anglo-American jurisdictions to propose a modernised analytical framework for agency law in South Africa. It first investigates the juridical basis of agency law, finding that the consensus is to see agency as a complex phenomenon that synthesises both internal consent and external power/liability models. Secondly, the article proposes certain essential conceptual features of agency, briefly discusses these features, and argues, with reference to comparative authority, how adopting these might facilitate a more complete understanding of agency in South Africa.