South Africa Case Law

Lewis Group Limited v Emerald Risk Transfer Proprietary Limited and Others (085183/23)

Lewis Group Limited v Emerald Risk Transfer Proprietary Limited and Others (085183/23) [2025] ZAGPJHC 486 (20 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

085183/23

Judge

N P Mali

The High Court stayed a business interruption insurance dispute and sent the amount-in-dispute question to arbitration, dismissing the insured’s request to avoid arbitration.

• Arbitration Agreement
• Stay Of Proceedings
• Insurance Policy Interpretation
• Business Interruption Claims
• Prescription Of Debt
• Arbitration-agreement

Amakhala Emoyeni Re Project 1 (RF) (Pty) Ltd v Nordex Energy South African (RF) (Pty) Ltd and Others (20035/2024)

Amakhala Emoyeni Re Project 1 (RF) (Pty) Ltd v Nordex Energy South African (RF) (Pty) Ltd and Others (20035/2024) [2025] ZAWCHC 164 (8 April 2025)

Court

Western Cape High Court, Cape Town

Case number

20035/2024

Judge

L G Nuku

The court refused declaratory relief that would vary the EPC contract’s dispute-resolution regime, but allowed amendment and recorded a tender to arbitrate.

• Arbitration Agreement
• Contract Variation
• Declaratory Relief
• Costs Order
• Fast Track Dispute Resolution
• Arbitration

K20253553/34 v Sibiya N.O and Others (056154/2024)

K20253553/34 v Sibiya N.O and Others (056154/2024) [2025] ZAGPPHC 333 (28 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

056154/2024

Judge

M P Motha

The court found that although the original agreement provided for arbitration under AFSA rules, the parties subsequently agreed to conduct the arbitration privately and did not adhere to AFSA administration or its strict procedural requirements. The parties' conduct, including negotiations over the appeal process and panel composition, indicated an intention to depart from AFSA rules. The reference to Article 22 in the notice of appeal was not determinative, as there was no written and signed agreement to apply that article. The court held that the applicant's right to appeal had not lapsed,…

Source excerpt

• Arbitration Agreement
• Contractual Interpretation
• Declaratory Relief
• Appeal Rights
• Parol Evidence Rule

Risimati Steven Construction CC v University of Venda (1872/2023)

Risimati Steven Construction CC v University of Venda (1872/2023) [2025] ZALMPPHC 32 (20 February 2025)

Court

Limpopo High Court, Polokwane

Case number

1872/2023

Judge

Pillay

The High Court dismissed an application to set aside a combined summons as an irregular step, finding Rule 30/30A non-compliance and no bar from arbitration.

• Irregular Proceedings
• Arbitration Agreement
• Jurisdiction Of High Court
• Rule 30 And 30a Compliance
• Contractual Dispute
• Prescription Of Claims

Grcic v J and J Investments Pty Ltd and Others (2023/106860)

Grcic v J and J Investments Pty Ltd and Others (2023/106860) [2024] ZAGPJHC 1035 (11 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/106860

Judge

S McCafferty

The High Court stayed a payment application pending ADR under a share-sale agreement, finding a real dispute about the payment clause and its arbitration route.

• Arbitration Agreement
• Stay Of Proceedings
• Contract Interpretation
• Pactum De Contrahendo
• Severability Of Contract
• Payment Of Sale Price

Minister of International Relations and Co-operation NO and Another v Neo Thando / Elliot Mobility (Pty) Ltd and Another (444/2023)

Minister of International Relations and Co-operation NO and Another v Neo Thando / Elliot Mobility (Pty) Ltd and Another (444/2023) [2024] ZASCA 134; [2025] 1 All SA 31 (SCA) (4 October 2024)

Court

Supreme Court of Appeal

Case number

444/2023

Judges

Zondi DJP, Mocumie JA, Weiner JA, Hendricks AJJA, Dippenaar AJJA

The SCA held that Neo Thando’s unilateral referral to arbitration was invalid because the SLA required mutual consent and no dispute had yet arisen.

• Arbitration Agreement
• Jurisdiction Of Arbitrator
• Service Level Agreement
• Contractual Interpretation
• Arbitration Act 1965
• Arbitration

Filtaquip (Pty) Ltd v Glencore Operations South Africa (Pty) Ltd (2023/078878)

Filtaquip (Pty) Ltd v Glencore Operations South Africa (Pty) Ltd (2023/078878) [2024] ZAGPJHC 982 (27 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/078878

Judge

S McCafferty

The High Court dismissed a Rule 30 application, exception and specific-performance bid over pleadings and pre-arbitration notice requirements.

• Pleadings
• Rule 18 Particularity
• Specific Performance
• Contractual Damages
• Arbitration Agreement
• Quantification Of Claim

Timbela Trading Close Corporation v Anglo American Platinum Limited and Another (21/23506)

Timbela Trading Close Corporation v Anglo American Platinum Limited and Another (21/23506) [2024] ZAGPJHC 865 (9 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21/23506

Judge

A Bester

The court found that the written contract between the parties contained a binding arbitration clause covering all disputes arising out of or in connection with the agreement. The plaintiff failed to plead or prove any sufficient reason to avoid the consequences of the arbitration clause, did not act in terms of section 3(2) of the Arbitration Act, and did not lead evidence to support its opposition. The constitutional and public policy arguments advanced by the plaintiff were not supported by the facts or law and did not justify refusing a stay. The court held that the defendants were entitle…

Source excerpt

• Arbitration Agreement
• Stay Of Proceedings
• Breach Of Contract
• Public Policy Exception
• Constitutional Rights In Contract

Axton Matrix Construction CC v Roads Agency Limpopo Soc Limited and Another (HCAA07/2023)

Axton Matrix Construction CC v Roads Agency Limpopo Soc Limited and Another (HCAA07/2023) [2024] ZALMPPHC 81 (1 August 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA07/2023

Judges

Bresler, TC Tshidada, T Deane

The High Court dismissed an appeal and cross-appeal over arbitration and adjudication issues in a road construction dispute, with costs on Scale C.

• Arbitration Agreement
• Good Cause Requirement
• Adjudication Award
• Declaratory Relief
• Costs Order
• Arbitration-agreement

Juvansu Trading CC v Puma Energy Procurement South Africa (Pty) Ltd and Others (2022/003038)

Juvansu Trading CC v Puma Energy Procurement South Africa (Pty) Ltd and Others (2022/003038) [2024] ZAGPJHC 622 (9 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/003038

Judge

Green

The High Court dismissed a review of an arbitral award, holding that the arbitrator could decide validity, suspensive conditions, and the settlement issue within the dispute.

• Arbitration Agreement
• Jurisdiction Of Arbitrator
• Suspensive Conditions
• Oral Settlement Agreement
• Contractual Novation
• Arbitration