South Africa Case Law

TMS Group Industrial Services (Pty) Limited and Another v Hydra ARC (Pty) Ltd and Another (11079/2021)

TMS Group Industrial Services (Pty) Limited and Another v Hydra ARC (Pty) Ltd and Another (11079/2021) [2021] ZAGPJHC 659 (4 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

11079/2021

Judge

R Keightley

The High Court dismissed an application to terminate an arbitration agreement, holding that the applicants had not shown good cause under section 3 of the Arbitration Act.

• Arbitration Act Section 3
• Termination Of Arbitration Agreement
• Locus Standi
• Multiplicity Of Actions
• Efficiency In Dispute Resolution
• Arbitration

(3289/18)

(3289/18) [2020] ZAMPMBHC 46; [2020] ZAMPMBHC 5 (6 March 2020)

Court

Mbombela High Court, Mpumalanga

Case number

2653/2017

Judge

Greyling-Coetzer

The court found that the replication by the Mpumalanga Provincial Government raises constitutional issues of public importance, specifically regarding the application of estoppel in public-private partnership agreements governed by the PFMA and Treasury Regulations. The High Court, not a private arbitrator, has jurisdiction to decide such constitutional matters. The privatisation of constitutional disputes is contrary to the constitutional system, and the arbitrator lacks the power to grant just and equitable remedies under Section 172 of the Constitution. Furthermore, relevant parties such a…

Source excerpt

• Arbitration Act Section 3
• Public Private Partnership
• Estoppel
• Pfma Compliance
• Constitutional Jurisdiction
• Joinder Of Parties

Pro-Khaya Constructions CC v Strata Civils and Others (CA247/2018)

Pro-Khaya Constructions CC v Strata Civils and Others (CA247/2018) [2019] ZAECGHC 115; [2020] 1 All SA 267 (ECG) (19 November 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA247/2018

Judges

Lowe, Jaji, Potgieter

The court held that the appellant failed to demonstrate good cause to set aside the arbitration agreements under section 3(2)(c) of the Arbitration Act. The technical nature of the disputes, the advanced stage of the arbitrations, and the absence of allegations of fraud, misconduct, or constitutional infringement weighed against judicial intervention. The court found that the overlap between the arbitrations was limited and largely the result of the parties' own conduct. Multiplicity of proceedings and potential for conflicting decisions did not constitute compelling reasons in the circumstan…

Source excerpt

• Arbitration Act Section 3
• Good Cause To Set Aside Arbitration
• Multiplicity Of Proceedings
• Counterclaim In Arbitration
• Expert Evidence In Arbitration
• Judicial Discretion In Arbitration