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South Africa decisions
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Ekurhuleni Water Care Company v Maziya General Services CC (2023/090528) [2025] ZAGPJHC 339 (3 April 2025)
The High Court dismissed Erwat’s self-review over contractual extensions, finding no reviewable public power and refusing condonation for the late application.
Davidson v Trustees of Macedon Body Corporate N.O and Others (2022/061232) [2024] ZAGPJHC 846 (30 August 2024)
The High Court granted condonation, upheld an appeal against a CSOS adjudication order, set the order aside, and referred the matter back for fresh adjudication.
Sasol South Africa (Pty) Ltd v Murray & Roberts Limited (425/2020) [2021] ZASCA 94 (28 June 2021)
The Supreme Court of Appeal held that the adjudicator's decision on Dispute 16 was contractually binding and enforceable against Sasol. The adjudicator acted within his powers by reviewing the project manager's refusal to implement the arbitration award and applying the principles established by the arbitrator. The timing and receipt of additional information were permitted under the adjudicator's contract, which prevailed in case of conflict with the construction contract. Sasol's procedural objections regarding jurisdiction and timing were rejected, as the adjudicator delivered his decision…
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Ekurhuleni West College v Segal and Another (26624/2017) [2018] ZAGPPHC 662 (29 August 2018)
The court held that adjudication is a contractual process distinct from arbitration and administrative law, governed by the terms of the parties' agreement and the adjudication rules. The adjudicator's determination is binding and enforceable unless and until revised by arbitration. The applicant, having elected to refer the disputes to arbitration, cannot simultaneously seek review of the adjudicator's award. The adjudicator acted within his mandate and the agreed procedure; the refusal to conduct a hearing and to consider certain submissions did not amount to a breach of natural justice or…
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Transnet Soc Limited v Group Five Construction (Pty) Ltd and Others (7848/2015) [2016] ZAKZDHC 3 (9 February 2016)
The court held that the application must fail because the parties expressly agreed to a two-tiered dispute resolution process involving adjudication followed by arbitration. The High Court is not entitled to determine issues that fall within the province of the arbitrator unless statutory exceptions apply, which were not present here. Even if the court were to consider the merits, the contract, properly interpreted in its context and purpose, contemplates the appointment of multiple ad hoc adjudicators for different disputes, not a single adjudicator for all disputes. The wording of the contr…
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