Ramphele v Mlambo (2017/33789) [2019] ZAGPPHC 81 (14 March 2019)

Ramphele v Mlambo (2017/33789) [2019] ZAGPPHC 81 (14 March 2019)

The court found that the omission of the Arbitrator's fees in the award constituted a clerical mistake or patent error as envisaged by section 31(2) of the Arbitration Act, especially since the Arbitrator confirmed his intention to include those fees in the cost award. The court held that it had the power to correct the award and include the Arbitrator's fees as part of the costs. The respondent's argument regarding the procedure for correction was rejected, as the facts demonstrated the Arbitrator's intention and the legal principles supported the correction. The court further held that interest on the capital sum was payable from the date the award was published, in accordance with...

Citation
[2019] ZAGPPHC 81
Parties
Applicant: Ramphele, Velile Christopher; Respondent: Mlambo, Mandlenkosi Denis
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 March 2019
Case Number
2017/33789
Procedural Posture
Urgent Application / Opposed Application to Make Arbitration Award an Order of Court
Outcome
Application granted. The Arbitrator's award is made an order of court with corrections as set out.
Judges
LR Adams
Legal Topics
Arbitration Award Enforcement, Clerical Error Correction, Costs Award, Interest on Award
Civil Procedure Alternative Dispute Resolution Arbitration Award Enforcement Clerical Error Correction Costs Award Interest on Award

Case Brief

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Parties

Ramphele, Velile Christopher

Applicant

Mlambo, Mandlenkosi Denis

Respondent

Procedural Posture

Urgent Application / Opposed Application to Make Arbitration Award an Order of Court

Legal Issues

  1. 1 Whether the Arbitrator's award should be made an order of court.
  2. 2 Whether the omission of Arbitrator's fees in the award constitutes a clerical mistake or patent error under section 31(2) of the Arbitration Act.
  3. 3 Whether interest on the capital sum is payable from the date of the award.

Ratio Decidendi

The court found that the omission of the Arbitrator's fees in the award constituted a clerical mistake or patent error as envisaged by section 31(2) of the Arbitration Act, especially since the Arbitrator confirmed his intention to include those fees in the cost award. The court held that it had the power to correct the award and include the Arbitrator's fees as part of the costs. The respondent's argument regarding the procedure for correction was rejected, as the facts demonstrated the Arbitrator's intention and the legal principles supported the correction. The court further held that interest on the capital sum was payable from the date the award was published, in accordance with...

Court Disposition

Application granted. The Arbitrator's award is made an order of court with corrections as set out.

Orders

  • The Arbitrator's award dated 19 April 2016 is made an order of court.
  • The respondent shall pay the applicant R109,521.57.