South Africa Case Law

Level 7 Restaurant (Pty) Ltd t/a Level 7 v Signature Restaurant Group (Pty) Ltd (051229/2023)

Level 7 Restaurant (Pty) Ltd t/a Level 7 v Signature Restaurant Group (Pty) Ltd (051229/2023) [2024] ZAGPJHC 1290 (29 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

051229/2023

Judge

Wilson

The High Court granted leave to appeal to the Supreme Court of Appeal over the appealability of an arbitrator’s award under section 28 of the Arbitration Act.

• Arbitration Act Interpretation
• Appealability Of Arbitral Awards
• Leave To Appeal
• Bill Of Rights Promotion
• Arbitration
• Leave-to-appeal

VJ v VJ and Another (258/2023)

VJ v VJ and Another (258/2023) [2024] ZASCA 92; 2024 (6) SA 400 (SCA) (11 June 2024)

Court

Supreme Court of Appeal

Case number

258/2023

Judges

Mocumie, Mokgohloa, Weiner, Kgoele, Tolmay

The Supreme Court of Appeal held that arrear maintenance and enforcement of maintenance orders are matters incidental to a matrimonial cause and thus fall within the prohibition in section 2(a) of the Arbitration Act. The arbitration clause and subsequent agreement did not expressly include arrear maintenance as a dispute to be referred to arbitration. The maintenance court retains jurisdiction to enforce maintenance orders, and parties cannot contractually oust this jurisdiction or deprive a party of statutory rights under the Maintenance Act. The high court erred in deferring the issue to a…

Source excerpt

• Divorce Arbitration
• Arrear Maintenance
• Maintenance Court Jurisdiction
• Arbitration Act Interpretation

Mbatha v Lyster NO and Others (Application for Leave to Appeal) (D264/99)

Mbatha v Lyster NO and Others (Application for Leave to Appeal) (D264/99) [2000] ZALC 29 (28 April 2000)

Court

Labour Court

Case number

D264/99

Judge

Basson

The court held that the answer to whether service is required in addition to filing for a review application in the Labour Court is found in the Labour Court Rules, specifically Rule 7(1) and (2), which unambiguously require both filing and service for an application to be considered 'made'. Reliance on Industrial Court judgments and High Court rules is misplaced, as the Labour Court operates under its own procedural framework. The applicant's arguments based on previous case law were found to be irrelevant or distinguishable, and the court found no reasonable prospect that another court woul…

Source excerpt

• Review Application
• Service Of Process
• Labour Court Rules
• Condonation
• Arbitration Act Interpretation