Vodacom Group Limited v Congolese Wireless Network SARL and Another (30053/2020) [2021] ZAGPJHC 793 (7 December 2021)

Vodacom Group Limited v Congolese Wireless Network SARL and Another (30053/2020) [2021] ZAGPJHC 793 (7 December 2021)

The court held that the arbitral awards dated 29 September 2019 must be made orders of court as the respondents failed to challenge them successfully under sections 32 or 33 of the Arbitration Act. The arbitrator's jurisdiction is limited to parties to the arbitration agreement, and the second respondent, as attorney, was not a party to the agreement. Therefore, the costs award de bonis propriis against the second respondent was invalid. The application against the second respondent was dismissed with costs, and the costs of the application were awarded against the first respondent.

Citation
[2021] ZAGPJHC 793
Parties
Applicant: Vodacom Group Limited; Respondent: Congolese Wireless Network SARL; Respondent: Abram Mogoboya
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 December 2021
Case Number
30053/2020
Procedural Posture
Review Application / Application to Make Arbitral Awards Orders of Court and Review Costs Award
Outcome
Arbitral awards made orders of court; costs award against second respondent declared invalid; application against second respondent dismissed with costs.
Judges
Booysen
Legal Topics
Arbitration Act 42 of 1965, Enforcement of Arbitral Award, Jurisdiction of Arbitrator, Costs De Bonis Propriis, Attorney Liability, Arbitration Agreement Scope
Civil Procedure Commercial and Corporate Arbitration Act 42 of 1965 Enforcement of Arbitral Award Jurisdiction of Arbitrator Costs De Bonis Propriis Attorney Liability Arbitration Agreement Scope

Case Brief

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Parties

Vodacom Group Limited

Applicant

Congolese Wireless Network SARL

Respondent

Abram Mogoboya

Respondent

Procedural Posture

Review Application / Application to Make Arbitral Awards Orders of Court and Review Costs Award

Legal Issues

  1. 1 Whether the arbitral awards dated 29 September 2019 should be made orders of court under section 31 of the Arbitration Act.
  2. 2 Whether the arbitrator had jurisdiction to award costs de bonis propriis against the second respondent, who was not a party to the arbitration agreement.
  3. 3 Whether the costs award against the second respondent is valid.

Ratio Decidendi

The court held that the arbitral awards dated 29 September 2019 must be made orders of court as the respondents failed to challenge them successfully under sections 32 or 33 of the Arbitration Act. The arbitrator's jurisdiction is limited to parties to the arbitration agreement, and the second respondent, as attorney, was not a party to the agreement. Therefore, the costs award de bonis propriis against the second respondent was invalid. The application against the second respondent was dismissed with costs, and the costs of the application were awarded against the first respondent.

Court Disposition

Arbitral awards made orders of court; costs award against second respondent declared invalid; application against second respondent dismissed with costs.

Orders

  • The arbitral awards dated 29 September 2019, annexed to the founding affidavit as 'FA1.1' and 'FA1.2', are made orders of court under section 31 of the Arbitration Act 42 of 1965.
  • Costs of the application are to be paid by the first respondent.