Abstract
As far back as the early twentieth century the Appellate Division in Cassiem v Standard Bank of SA Ltd, held that:
 “We are bound by the English rules of evidence and the question has therefore to be decided according to English law, the rule being that parol evidence is not allowed to alter, vary, or contradict a written instrument.”
 The integration rule has always been an integral part of the South African law of contract where the admissibility of the presentation of extrinsic evidence of previous or collateral agreements was considered. In 1998 an extensive report was brought out by the South African Law Commission wherein certain recommendations were made to the Minister of Justice pertaining to, inter alia, the application of the integration rule in the South African law of contract. The Law Commission was of the opinion that the disadvantages of the integration rule outweighed the advantages of legal certainty and finality and recoomended that the rule be abolished and that more subjective evidence should be allowed to ascertain the true intention of the parties. The recommendations by the Law Commission however apparently died a slow death and there has been no attempt since to abolish or modify the rule in the South African legal system.
 In 'n previous article the view was held that the integration rule is based on a legal rule or legal fiction and that it can therefore be validly abolished or modified by legislation. Legislation is however a drastic step which should only serve as a last resort and other alternatives should first be considered. This article considers one such a possible alternative, namely the remedy of rectification. The focus will be in particular on a brief discussion of the application of the integration rule in the South African law of contract, the field of application and scope of rectification, the relation between rectification and the integration rule, and, lastly, if rectification can be utilised to avoid the strict application of the integration rule and consequently serve as an instrument for the (indirect) abolition or modification of the rule in the South-African law of contract. The conclusion is that the remedy of rectification would in all probability not in all instances be able to avoid the strict application of the integration rule and that legislation seems to be the only workable alternative to abolish or modify the integration rule in the South African law of contract.
Highlights
Education has, since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another
The following issues are discussed in this article: The right to a basic education, related constitutional rights, the German tripartite school system with its focus on the individual and learning differences, the South African school system with its focus on mainstream education, and relevant international instruments
Free and compulsory education does not form part of the right to a basic education, provision is made for compulsory education in section 3(1) of the South African Schools Act
Summary
Since the beginning of time, been regarded as the formal process by which society conveys its accumulated knowledge, skills, customs and values from one generation to another. The South African school system is crippled by a myriad of unfavourable challenges, situations and circumstances These include inequalities in the school environment, the lack of quality education in a safe environment, insufficient funds for the provision of basic education, inadequate buildings, a shortage of qualified and skilled educators, and the inability of the school system to cater for learning differences, to mention only a few. The following issues are discussed in this article: The right to a basic education, related constitutional rights, the German tripartite school system with its focus on the individual and learning differences, the South African school system with its focus on mainstream education, and relevant international instruments. South Africa can learn some valuable lessons from Germany with regard to Germany’s tripartite school system and education rights.
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