South Africa Case Law

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095)

Medtronic (Africa) (Pty) Limited v Capital Endovascular (Pty) Limited and Another (2022/046095) [2025] ZAGPJHC 745 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/046095

Judge

Adams

The court found that the true intention of the parties, as evidenced by the settlement negotiations and correspondence, was to settle for R48 million plus VAT. The reference to R32 million in words in the written agreement was a typographical error and did not reflect the parties' agreement. The authority of Mr Moodley to conclude the agreement was established by a power of attorney, and any alleged private instructions did not affect his authority as far as the applicant was concerned. The arbitral award was valid and enforceable, and the applicant was entitled to have it made an order of co…

Source excerpt

• Arbitration Act 42 Of 1965
• Enforcement Of Arbitral Award
• Interpretation Of Contracts
• Rectification
• Specific Performance

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024)

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024) [2025] ZAGPPHC 745 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

038938/2024

Judge

Labuschagne

The High Court dismissed a review and condonation application because the arbitration award had already been made an order of court, making a section 33 review incompetent.

• Arbitration Award Enforcement
• Review Of Arbitration Award
• Condonation Application
• Arbitration Act Section 33
• Arbitration Act Section 31
• Arbitration-award-enforcement

Eskom Holdings SOC Limited v Framatome and Another (5201/23)

Eskom Holdings SOC Limited v Framatome and Another (5201/23) [2025] ZAWCHC 296 (17 July 2025)

Court

Western Cape High Court, Cape Town

Case number

5201/23

Judge

R T Williams

The court found that the adjudicator acted within the wide powers conferred by the NEC3 contract, including issuing instructions to the project manager and deferring quantum determination. The contract's wording and context support a broad interpretation of the adjudicator's powers, and the process followed was consistent with the contract and South African law. The timing of the quantum instructions and further instructions was in accordance with the contract, and both the merits and quantum decisions were issued timeously. The rules of natural justice do not apply unless incorporated into t…

Source excerpt

• Adjudication Under Construction Contract
• Contractual Dispute Resolution Clauses
• Enforceability Of Adjudicator Awards
• Natural Justice In Contractual Tribunals
• Functus Officio
• Interpretation Of Nec3 Contract

Mhlongo v Netball South Africa (071849/2024)

Mhlongo v Netball South Africa (071849/2024) [2025] ZAGPPHC 727 (8 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

071849/2024

Judge

Nyathi

The High Court stayed an application pending arbitration under Netball South Africa’s Constitution and ordered the applicant to pay costs on the points in limine.

• Arbitration Clause Enforcement
• Stay Of Proceedings
• Jurisdictional Objection
• Declaratory Relief
• Arbitration-clause-enforcement
• Stay-of-proceedings

Walker and Others v Faerie Glen Waterpark (Pty) Ltd and Others (2024/041428)

Walker and Others v Faerie Glen Waterpark (Pty) Ltd and Others (2024/041428) [2025] ZAGPPHC 572 (2 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/041428

Judge

SG Maritz

The High Court dismissed a review of an arbitral taxation directive, holding the arbitrator could clarify an omitted costs scale and award High Court scale costs.

• Arbitration Review
• Gross Irregularity
• Costs Award
• Functus Officio
• Attorney And Client Costs
• Lease Dispute

Industrial Development Corporation of South Africa Limited and Another v Kalagadi Manganese (Pty) Ltd (661/2024)

Industrial Development Corporation of South Africa Limited and Another v Kalagadi Manganese (Pty) Ltd (661/2024) [2025] ZASCA 70 (30 May 2025)

Court

Supreme Court of Appeal

Case number

661/2024

Judges

Meyer, Matojane, Kathree-Setiloane, Unterhalter, Vally

The SCA held that the loan agreement’s arbitration clause was peremptory, stayed the application pending arbitration, and upheld the appeal.

• International Arbitration
• Stay Of Proceedings
• Contractual Dispute Resolution
• Immunity Of International Organisations
• Business Rescue
• Joinder Of Parties

Magalies Water v Magolola Mokoka and Associates Consulting Engineers CC and Another (2023-099445; 2023-94229)

Magalies Water v Magolola Mokoka and Associates Consulting Engineers CC and Another (2023-099445; 2023-94229) [2025] ZAGPPHC 557 (26 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-099445; 2023-94229

Judge

Swanepoel

The High Court dismissed a late review of two arbitration awards and made the final award an order of court, finding no condonation or gross irregularity.

• Arbitration Review
• Gross Irregularity
• Condonation
• Setting Aside Award
• Arbitration-review
• Gross-irregularity

Civil and Power Generation Projects (Pty) Ltd v MHI Power ZAF (Pty) Ltd and Another (2023/079557)

Civil and Power Generation Projects (Pty) Ltd v MHI Power ZAF (Pty) Ltd and Another (2023/079557) [2025] ZAGPJHC 529 (6 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/079557

Judge

Crutchfield

The High Court dismissed a review of arbitration awards, held the arbitrator had jurisdiction over a counterclaim, and made the awards orders of court.

• Arbitration Act Review
• Arbitrator Jurisdiction
• Counterclaim In Arbitration
• Gross Irregularity
• Condonation Of Late Filing
• Arbitration-review

Clinix Health Group (Pty) Ltd v Peirre Badenhorst Engineers Inc and Another (2023-085773)

Clinix Health Group (Pty) Ltd v Peirre Badenhorst Engineers Inc and Another (2023-085773) [2025] ZAGPPHC 280 (14 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-085773

Judge

Meaden

The High Court dismissed a review of an arbitration award, finding no misconduct, excess of power, or gross irregularity by the arbitrator.

• Arbitration Review
• Gross Irregularity
• Contract Variation
• Professional Services Agreement
• Costs Award
• Arbitration-review

Mampuru and Others v Bowman and Another (2024/008706)

Mampuru and Others v Bowman and Another (2024/008706) [2025] ZAGPJHC 212 (5 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/008706

Judge

Swanepoel

Review of an arbitration award dismissed. The court held there was no gross irregularity, and the arbitrator’s refusal of postponement did not justify setting aside the award.

• Arbitration Review
• Gross Irregularity
• Arbitration Act Section 33
• Postponement Discretion
• Discovery Procedure
• Arbitration-review