Manyeleti Consulting SA (Pty) Ltd v Eskom Holdings SOC Limited (50885/2021) [2025] ZAGPJHC 165 (20 February 2025)

Parties

Procedural Posture

Stay Application / Application for Stay of Provisional Sentence Proceedings Pending Adjudication

Legal Issues

1. 1 Whether the provisional sentence proceedings should be stayed pending adjudication under the contract.
2. 2 Whether Manyeleti's referral to adjudication was valid and timeous.
3. 3 Whether Eskom is entitled to resist provisional sentence on the basis of contractual dispute resolution mechanisms.

Ratio Decidendi

The court found that no dispute existed prior to the launching of the provisional sentence summons, as Eskom only raised defences in its opposing affidavit. Both parties expressly agreed to the appointment of Adv Leech SC as adjudicator, thereby electing to proceed with adjudication. The court determined that the provisional sentence proceedings should be stayed pending the outcome of adjudication and any subsequent tribunal hearing. The referral by Manyeleti to Adv Leech SC was held to be a valid contractual referral. Costs in all related applications were reserved for determination after adjudication.

Court Disposition

Provisional sentence proceedings stayed pending adjudication; referral to adjudication confirmed; costs reserved.

Orders

• The provisional sentence proceedings are stayed pending adjudication and any consequent tribunal hearing.
• The adjudication referral by Manyeleti dated 18 February 2022 to Adv Leech SC stands as a referral to adjudication before Adv Leech SC.