South Africa Case Law

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

Fore St Holding (Pty) Ltd and Another v Meyer NO and Others (2023/01338)

Fore St Holding (Pty) Ltd and Another v Meyer NO and Others (2023/01338) [2025] ZAGPJHC 71 (5 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/01338

Judge

Windell

High Court review of an arbitration award dismissed. The court held the arbitrator acted within the reference, upheld the award, and ordered punitive costs.

• Arbitration Act Review
• Joint Venture Agreement
• Specific Performance
• Supervening Impossibility
• Tacit Terms
• Punitive Costs

NV Properties (Pty) Limited v Myburgh N.O and Another (10409/2022)

NV Properties (Pty) Limited v Myburgh N.O and Another (10409/2022) [2024] ZAGPJHC 704 (22 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

10409/2022

Judge

Mdalana-Mayisela

High Court review of an arbitration award under the Arbitration Act was dismissed, while a counter-application to correct a VAT error and make the award an order of court was granted.

• Arbitration Act Review
• Gross Irregularity
• Arbitrator Powers
• Award Correction
• Vat Calculation Error
• Arbitration-review

Lebashe Investment Group (Pty) Ltd and Another v Coral Lagoon Investments 194 (Pty) Ltd and Others (2022-060488)

Lebashe Investment Group (Pty) Ltd and Another v Coral Lagoon Investments 194 (Pty) Ltd and Others (2022-060488) [2024] ZAGPJHC 117 (9 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022-060488

Judge

R. Strydom

The court held that the arbitrator was entitled to decide upon his own jurisdiction, and Lebashe, having participated in the special plea procedure, could challenge the interim award on review. The restraint order under POCA does not prohibit the continuation of arbitration proceedings, as 'dealing in' property is interpreted narrowly to exclude adjudication of rights. The arbitrator did not commit a gross irregularity or exceed his powers under section 33(1)(b) of the Arbitration Act. The claims in arbitration constitute property under POCA, but the arbitration does not defeat the restraint…

Source excerpt

• Arbitration Act Review
• Interim Arbitral Award
• Restraint Order
• Jurisdiction Of Arbitrator
• Gross Irregularity
• Setting Aside Arbitration Agreement

Gometis (Pty) Ltd v Fountainhead Property Trust and Others (16959/21 ; 1829/21)

Gometis (Pty) Ltd v Fountainhead Property Trust and Others (16959/21 ; 1829/21) [2023] ZAGPJHC 864 (4 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

16959/21 ; 1829/21

Judge

L.T. Modiba

The court refused condonation for the late filing of the review application, finding that Gometis failed to provide a full explanation for the delay and lacked prospects of success. The grounds advanced by Gometis—misapplication of the law on onus and duty to begin, acceptance of inadmissible evidence, and alleged bias—were found not to constitute reviewable grounds under section 33(1) of the Arbitration Act. Errors of law are not reviewable unless they result in misconduct or gross irregularity, which was not established. The court held that section 34 of the Constitution does not apply to p…

Source excerpt

• Arbitration Act Review
• Condonation
• Onus And Duty To Begin
• Bias And Misconduct
• Enforcement Of Arbitral Award

Vector Logistics (Pty) Ltd v Phala and Others (J370/21)

Vector Logistics (Pty) Ltd v Phala and Others (J370/21) [2023] ZALCJHB 358 (31 March 2023)

Court

Labour Court Johannesburg

Case number

J370/21

Judge

G N Moshoana

Labour Court review of a private arbitration award: the arbitrator’s independent analysis of clocking records and disregard of procedural agreements was a gross irregularity.

• Arbitration Act Review
• Gross Irregularity
• Natural Justice
• Excess Of Power
• Unfair Dismissal
• Arbitration-review

South African Municipal Workers Union v Imbeu Development and Project Management (PTY) Ltd and Another (30236/2021)

South African Municipal Workers Union v Imbeu Development and Project Management (PTY) Ltd and Another (30236/2021) [2022] ZAGPJHC 717 (22 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

30236/2021

Judge

Todd AJ

The court found that although the arbitrator determined Claim A and the counterclaim on a basis not pleaded by the parties, there was no express limitation in the arbitration agreement or pleadings restricting her powers to the pleaded issues. The arbitrator was called upon to determine the validity of the agreement, the amounts due under Claim A and Claim B, and the counterclaim for unjustified enrichment. She did so based on evidence introduced at the arbitration, including the July 2019 payment plan and related correspondence. The court held that any error in reasoning or reliance on evide…

Source excerpt

• Arbitration Act Review
• Gross Irregularity
• Ostensible Authority
• Unjustified Enrichment

Aveng Africa (Pty) Ltd v Seventy Five on Maude (Pty) Ltd and Another (13909/21)

Aveng Africa (Pty) Ltd v Seventy Five on Maude (Pty) Ltd and Another (13909/21) [2022] ZAGPJHC 352 (24 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

13909/21

Judge

M.L. Senyatsi

The High Court dismissed a review of an arbitral award, holding that the arbitrator did not exceed his powers and no gross irregularity was shown.

• Arbitration Act Review
• Gross Irregularity
• Exceeding Powers
• Building Contract Dispute
• Penalty Clause
• Party Autonomy

Tshwane University of Technology v Thondoni Properties and Another (65994/2020)

Tshwane University of Technology v Thondoni Properties and Another (65994/2020) [2021] ZAGPPHC 427 (22 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

65994/2020

Judge

Joubert

The High Court dismissed TUT’s review of an arbitral award, finding no misconduct or gross irregularity and holding that the arbitrator had considered the disputed notice.

• Arbitration Act Review
• Lease Agreement
• Gross Irregularity
• Misconduct Of Arbitrator
• Student Accommodation
• Summary Cancellation

Agriculture Research Council v NAP Designs (Pty) Ltd and Others (6387/2019)

Agriculture Research Council v NAP Designs (Pty) Ltd and Others (6387/2019) [2021] ZAGPPHC 250 (26 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

6387/2019

Judge

Basson

The High Court dismissed a review of an arbitration award, holding that the arbitrator stayed within the JBCC contract and did not commit a gross irregularity.

• Arbitration Act Review
• Arbitrator Jurisdiction
• Gross Irregularity
• Finality Of Award
• Pleadings And Scope
• Mutual Termination