South Africa Case Law

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024)

Minister of Employment and Labour v Arbitrator of AFSA: Rudzani and Others (038938/2024) [2025] ZAGPPHC 745 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

038938/2024

Judge

Labuschagne

The High Court dismissed a review and condonation application because the arbitration award had already been made an order of court, making a section 33 review incompetent.

• Arbitration Award Enforcement
• Review Of Arbitration Award
• Condonation Application
• Arbitration Act Section 33
• Arbitration Act Section 31
• Arbitration-award-enforcement

Professional Mobile Mapping (Pty) Ltd v Matjhabeng Local Municipality (4250/2024)

Professional Mobile Mapping (Pty) Ltd v Matjhabeng Local Municipality (4250/2024) [2025] ZAFSHC 33 (7 February 2025)

Court

Free State High Court, Bloemfontein

Case number

4250/2024

Judge

Mpama

The High Court dismissed a jurisdictional special plea but upheld a plea based on a pending review of an arbitration award, with no costs order.

• Arbitration Act Section 31
• Jurisdiction Of High Court
• Pending Review Application
• Service Level Agreement
• Default Award
• Arbitration

RSC Avelo (Pty) Ltd v Trencon Construction (Pty) Ltd and Another (2022/057553)

RSC Avelo (Pty) Ltd v Trencon Construction (Pty) Ltd and Another (2022/057553) [2025] ZAGPJHC 7 (12 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/057553

Judge

Lamprecht

The High Court enforced an arbitration award and held that interest on late certification of escalation amounts was payable under the subcontract, compounded monthly.

• Arbitration Act Section 31
• Arbitration Award Enforcement
• Contractual Interest
• Interpretation Of Awards
• Compound Interest
• Default Interest

African Rainbow Minerals Ltd v Tam Holdings (Pty) Ltd and Others (2023-097235)

African Rainbow Minerals Ltd v Tam Holdings (Pty) Ltd and Others (2023-097235) [2024] ZAGPPHC 1332 (19 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-097235

Judge

Meaden

The High Court made an arbitral award an order of court, rejecting a late challenge that the award was a nullity and awarding punitive costs.

• Arbitration Act Section 31
• Enforcement Of Arbitral Award
• Waiver Of Time Limits
• Joint Venture Dispute
• Public Policy Challenge
• Arbitration

Senekal v Knipe and Others (2181/2024)

Senekal v Knipe and Others (2181/2024) [2024] ZAFSHC 347 (29 October 2024)

Court

Free State High Court, Bloemfontein

Case number

2181/2024

Judge

Nemavhidi AJ

The High Court dismissed an application to make arbitration awards an order of court and to correct alleged cost omissions, citing delay, finality, and res judicata.

• Arbitration Act Section 31
• Correction Of Arbitration Award
• Delay In Seeking Relief
• Res Judicata
• Costs Award
• Finality Of Arbitration

MSA Devco Pty Ltd v Mmakola and Others (2024/032105)

MSA Devco Pty Ltd v Mmakola and Others (2024/032105) [2024] ZAGPJHC 1023 (11 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/032105

Judge

Mudau

The court held that the applicant, MSA Devco Pty Ltd, is entitled under clause 16.1.3 of the franchise agreement and the arbitration award to operate and manage the four McDonald's restaurants at Lephalale, Groblersdal, Thabazimbi, and Kwaggafontein. The court found that the relief sought in the notice of motion, including delivery of keys, employee lists, access to systems, and other operational details, is necessary to give effect to and enforce the arbitration award. The court rejected the respondents' argument that only the terms of the award should be made an order of court, finding that…

Source excerpt

• Arbitration Award Enforcement
• Franchise Agreement
• Contract Interpretation
• Mandamus
• Arbitration Act Section 31

Desiderio v Joffe and Others (37219/2022)

Desiderio v Joffe and Others (37219/2022) [2024] ZAGPJHC 785 (21 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

37219/2022

Judge

Goedhart

The court found that Desiderio Gonćalves Gil failed to provide a reasonable and complete explanation for the four-month delay in filing his counter-application. He was represented by attorneys well before the relevant dates, and the absence of a certified transcript did not prevent timely filing, as the audio record was available. The court held that his explanation was inadequate and did not cover the entire period of delay. On the merits, the court determined that the alleged gross irregularity—failure to apply the best evidence rule—did not amount to a procedural irregularity as required b…

Source excerpt

• Arbitration Act Section 31
• Arbitration Act Section 33
• Arbitration Act Section 38
• Condonation
• Gross Irregularity
• Best Evidence Rule

Mabra Construction (Pty) Limited v Ecolab (Pty) Limited (51998/2021)

Mabra Construction (Pty) Limited v Ecolab (Pty) Limited (51998/2021) [2023] ZAGPPHC 660 (8 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

51998/2021

Judge

Yende

The court made an arbitration award an order of court and rejected points in limine including res judicata, lis pendens, locus standi, and jurisdiction.

• Arbitration Act Section 31
• Enforcement Of Arbitral Award
• Res Judicata
• Lis Pendens
• Locus Standi
• Arbitration

Renico Earthworks & Civils (Pty) Ltd v Elmoflex (Pty) Ltd (2022/10769)

Renico Earthworks & Civils (Pty) Ltd v Elmoflex (Pty) Ltd (2022/10769) [2023] ZAGPJHC 271 (16 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/10769

Judge

L. Windell

An enforcement application succeeded after the respondent failed to show any factual basis for claims that arbitration proceedings were tainted or unfair.

• Arbitration Award Enforcement
• Arbitration Act Section 31
• Natural Justice
• Gross Irregularity
• Finality Of Award
• Arbitration-award-enforcement

Bigen Africa Group Holdings (Pty) Limited v Nemai Consulting (Pty) Limited and Another (61282/2021)

Bigen Africa Group Holdings (Pty) Limited v Nemai Consulting (Pty) Limited and Another (61282/2021) [2022] ZAGPPHC 678 (8 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

61282/2021

Judge

Neukircher

The High Court made an arbitral award an order of court under section 31 of the Arbitration Act, enforcing payment, interest, dismissal of counterclaims, and costs.

• Arbitration Award Enforcement
• Arbitration Act Section 31
• Interest On Award
• Costs Of Arbitration
• Arbitration-award-enforcement
• Arbitration-act-section-31