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South Africa Case Law

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Civil Procedure [2020] ZAGPJHC 323

Kotzen NO and Another v Thorn Valley Estate Homeowners Association and Another (20653/2018)

Kotzen NO and Another v Thorn Valley Estate Homeowners Association and Another (20653/2018) [2020] ZAGPJHC 323 (8 September 2020)

Court
South Gauteng High Court, Johannesburg
Case number
20653/2018
Judge
Foulkes-Jones

The High Court dismissed an attempted challenge to arbitration rulings, holding the CSOS Act did not make Ombud referral mandatory and awarding attorney-client costs.

  • Arbitration Act Section 20
  • Arbitration Act Section 32
  • Arbitration Act Section 33
  • Community Schemes Ombud Service Act
  • Jurisdiction Of Arbitrator
  • Waiver Of Rights
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Labour Law [2013] ZALCPE 3

NEHAWU and Others v MEC: Department of Health, Eastern Cape and Others (P118/11; P125/11; P127/11)

NEHAWU and Others v MEC: Department of Health, Eastern Cape and Others (P118/11; P125/11; P127/11) [2013] ZALCPE 3; (2013) 34 ILJ 2626 (LC) (11 February 2013)

Court
Labour Court Port Elizabeth
Case number
P118/11; P125/11; P127/11
Judge
Van Niekerk

The Labour Court held that pre-2001 collective agreements and related instruments could still be relied on for periods when they were in force, despite later regulations.

  • Collective Agreements
  • Public Service Regulations
  • Arbitration Act Section 20
  • Principle Of Legality
  • Collective-agreements
  • Arbitration-act-section-20
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Civil Procedure [2011] ZAWCHC 482

Vecchio Modo (Pty) Ltd v Mitchell and Others (10304/2003)

Vecchio Modo (Pty) Ltd v Mitchell and Others (10304/2003) [2011] ZAWCHC 482 (17 November 2011)

Court
Western Cape High Court, Cape Town
Case number
10304/2003
Judge
Bozalek

The High Court refused leave to appeal, holding there were no reasonable prospects of success on whether a question of law should be stated under section 20 of the Arbitration Act.

  • Arbitration Act Section 20
  • Leave To Appeal
  • Special Case Procedure
  • Arbitration
  • Leave-to-appeal
  • Special-case-procedure
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Civil Procedure [2009] ZAFSHC 118

Ex parte: Schreuder (2837/2009)

Ex parte: Schreuder (2837/2009) [2009] ZAFSHC 118 (12 November 2009)

Court
Free State High Court, Bloemfontein
Case number
2837/2009
Judge
Hancke R

The court held that the defendant was not bound by the experts’ agreement and could call further expert witnesses.

  • Arbitration Act Section 20
  • Expert Evidence
  • Pre Trial Agreements
  • Binding Effect Of Expert Agreements
  • Arbitration
  • Expert-evidence
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.