South Africa Case Law

Kekkel en Kraai Suid Afrika (Pty) Ltd v Bes-Buhr Trading CC and Others (A05/2023)

Kekkel en Kraai Suid Afrika (Pty) Ltd v Bes-Buhr Trading CC and Others (A05/2023) [2023] ZAWCHC 234; [2023] 4 All SA 439 (WCC) (1 September 2023)

Court

Western Cape High Court, Cape Town

Case number

A05/2023

Judges

Mantame, Sher, Fortuin

The court dismissed an appeal challenging an arbitral appeal tribunal’s refusal to condone a late cross-appeal and its finding that relief exceeded the pleaded case.

• Arbitration Agreement
• Afsa Rules
• Jurisdiction Of Arbitral Tribunal
• Condonation Of Late Filing
• Pleadings And Amendment
• Specific Performance

Dohne Construction (PTY) Limited v Lane NO and Another (2943/2022)

Dohne Construction (PTY) Limited v Lane NO and Another (2943/2022) [2022] ZAGPJHC 970 (7 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2943/2022

Judge

Adams

The court held that AFSA Rule 14.4 does not exclude the statutory right under s 13(2) of the Arbitration Act to apply for removal of an arbitrator. The court has residual jurisdiction to entertain such applications on good cause shown. On the merits, the applicant failed to establish a reasonable apprehension of bias. The alleged relationship between the arbitrator and Unki Mines' expert was not substantiated, and the arbitrator's conduct did not demonstrate partiality. The supplementary affidavit was filed late and based on facts known earlier, and its contents did not alter the outcome. The…

Source excerpt

• Arbitration Act 42 Of 1965
• Removal Of Arbitrator
• Perceived Bias
• Afsa Rules
• Costs Award

ABSA Bank Limited v Cloete and Another (35640/2019)

ABSA Bank Limited v Cloete and Another (35640/2019) [2021] ZAGPJHC 733 (9 March 2021)

Court

South Gauteng High Court, Johannesburg

Case number

35640/2019

Judge

F Kathree-Setiloane

Review of an arbitration award set aside for gross irregularity after the arbitrator relied on unsupported bar submissions about in duplum prejudice.

• Arbitration Act Section 33
• Gross Irregularity
• Exceeding Powers
• Fair Hearing
• Afsa Rules
• Arbitration-review

Gutsche Family Investments (Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others (133/06)

Gutsche Family Investments (Pty) Ltd and Others v Mettle Equity Group (Pty) Ltd and Others (133/06) [2007] ZASCA 45; [2007] 3 All SA 223 (SCA); 2007 (5) SA 491 (SCA) (29 March 2007)

Court

Supreme Court of Appeal

Case number

133/06

Judges

Harms, Farlam, Jafta, Ponnan, Cachalia

The Supreme Court of Appeal held that, under the AFSA rules incorporated into the arbitration agreement, the appealability of an arbitrator’s interim award depends on whether such an order would be appealable to the Supreme Court of Appeal if made by the High Court. Since the dismissal of an exception is not appealable in the High Court, it is likewise not appealable in arbitration unless the parties expressly agree otherwise, which they did not. Furthermore, the appeal arbitrator did not have the power to finally determine his own jurisdiction in the absence of a clear agreement conferring s…

Source excerpt

• Arbitration Agreement
• Appealability Of Interim Awards
• Jurisdiction Of Arbitrator
• Arbitration Act
• Afsa Rules