Tyla Beukes, a South African entrepreneur and businesswoman, runs and owns REWATCH SA (Pty) Ltd, a South African company duly incorporated in Cape Town, South Africa. Tyla is, likewise, a South African national who is domiciled and habitually resident in Cape Town. REWATCH is a company that buys 'last season's' unsold luxury watches and re-sells them in South Africa at a fraction of the price. In April 2024, Tyla entered into a contract of sale with Companie Financiere Richmont (CFR) S.A., a watch company duly incorporated in Switzerland. The owner of CFR is Johann Rupert, a South African national who is domiciled and habitually resident in London, UK. The contract of sale was entered into in Switzerland, while Tyla was there for the release of the latest Cartier collection. As per the agreement, CFR had agreed to sell to Tyla a batch of 'last season's' Cartier collection, to be paid for in US Dollars. The watches were to be delivered in Cape Town and payment made to CFR's offshore account situated in the Isle of Man. Clause 2 of the contract holds that, in the event of a dispute, the Cape Town High Court would be approached to settle the dispute. Clause 5 of the contract expressly excludes the UK's Unfair Contract Terms Act 1977. No other reference to any other legal system is made and, as such, no express choice of law clause appears in the contract. A breach of contract occurs when CFR fails to deliver the Cartier collection at the agreed upon date. Tyla decides to sue CFR for breach of contract and claim specific performance. You may accept that the Cape Town High Court has jurisdiction.

Using all case law and common law and statute , determine the proper law of the contract. In your answer, also discuss, in full, the legal position concerning the choice of law for contracts.