Which section of the constitution of the republic of south Africa in 1996 compels the courts to develop the common law?

Section 39(2) of the Constitution of the Republic of South Africa in 1996 compels the courts to develop the common law in order to promote the spirit, purport, and objects of the Bill of Rights.

Section 39(2)

Assignment Question One
Assume the possessor of each property mentioned in the following articles causes‟ damage. As per which article would she be liable? Article 2032 or 2035? Why?
1. An owner who makes excavations or works below the surface of the land she possesses shakes neighbor‟s land, exposing the land to damage or endanger the sociality of the works there on.
2. A helicopter suffers damage while it flows over a certain land for it crushes to a wire that is extended above the surface of the land by the land possessor. (Article 1211).
  3. A possessor or holder of land refuses, against full payment in advance of compensation, the installation on the land of water, gas or electrical lines or similar work to the benefit of other lands [1220(1)].
4. A holder of a certain land denies a holder of another land, which is enclosed, access to public ways even though the latter will have paid compensation (1221)