South Africa Case Law

Samsung Sds Global Scl South Africa Proprietary Limited v Rhenus Logistics Proprietary Limited (2023/076450; 2023/079688)

Samsung Sds Global Scl South Africa Proprietary Limited v Rhenus Logistics Proprietary Limited (2023/076450; 2023/079688) [2025] ZAGPJHC 677 (18 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/076450; 2023/079688

Judge

Pearse AJ

The court found that Samsung SDS could not rely on section 6(1) of the Arbitration Act to stay its own action, as that statutory power is available only to defendants or third parties. However, the court's inherent jurisdiction under section 173 of the Constitution allows it to stay proceedings in the interests of justice. The initiation of the action by Samsung SDS did not amount to a repudiation or waiver of the arbitration agreement, given its clear intention to arbitrate and the precautionary nature of the action to interrupt prescription. The interests of justice, party autonomy, and con…

Source excerpt

• Stay Of Proceedings
• Arbitration Agreement Enforcement
• Consolidation Of Actions
• Vicarious Liability
• Prescription Interruption
• Specific Performance

Horn and Another v Nel and Others (27388/2022; 011316/2022; 25568/2022)

Horn and Another v Nel and Others (27388/2022; 011316/2022; 25568/2022) [2023] ZAGPPHC 724 (21 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

27388/2022; 011316/2022; 25568/2022

Judge

E van der Schyff

The court found that Messrs. Jansen, Nel, and Malan failed to establish good cause to set aside the arbitration agreement under section 3(2) of the Arbitration Act. The arbitrator had already determined that Mr. Pienaar's non-joinder did not preclude the relief sought, as his interest in the proceedings was indirect and not substantial unless a declarator affecting his professional status was sought. The court distinguished the present matter from cases involving third parties with direct interests. Regarding the taxation review, the court held that the arbitrator did not commit gross irregul…

Source excerpt

• Arbitration Agreement Enforcement
• Review Of Arbitration Award
• Taxation Of Costs
• Shareholder Disputes
• Expert Valuation
• Costs Orders

Novare Investments (Pty) Ltd and Another v Des Heuyer CC and Others (4286/2020)

Novare Investments (Pty) Ltd and Another v Des Heuyer CC and Others (4286/2020) [2020] ZAWCHC 37 (15 May 2020)

Court

Western Cape High Court, Cape Town

Case number

4286/2020

Judge

Wille, J

The High Court refused to stay a second arbitration, finding no good cause under section 3(2)(c) of the Arbitration Act despite a parallel action and FAIS legality objections.

• Arbitration Agreement Enforcement
• Stay Of Arbitration
• Financial Services Regulation
• Fais Compliance
• Good Cause Requirement
• Arbitration

Coalcor Mining (Pty) Ltd v Islandsite Investments One Hundred and Eighty (Pty) Ltd and Others (14359/18)

Coalcor Mining (Pty) Ltd v Islandsite Investments One Hundred and Eighty (Pty) Ltd and Others (14359/18) [2018] ZAGPJHC 423 (14 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

14359/18

Judge

R M Keightley

The High Court stayed a vindication application and counter-application pending arbitration, holding the arbitration clause remained enforceable despite prior steps in court.

• Arbitration Agreement Enforcement
• Business Rescue Proceedings
• Rei Vindicatio
• Contract Cancellation
• Urgent Interim Relief
• Arbitration-agreements

Full Score Trading 145 CC v Brocsand (Pty) Ltd and Others (A296/2017)

Full Score Trading 145 CC v Brocsand (Pty) Ltd and Others (A296/2017) [2018] ZAWCHC 26 (5 March 2018)

Court

Western Cape High Court, Cape Town

Case number

A296/2017

Judges

Salie-Hlophe, Steyn, Erasmus

The court dismissed an appeal to compel arbitration, holding that the dispute had moved beyond the original contract and involved necessary non-signatory parties.

• Arbitration Agreement Enforcement
• Right Of First Refusal
• Unilateral Declaration Of Intent
• Joinder Of Parties
• Oryx Principle
• Arbitration-agreement-enforcement

Zhongji Development Construction Engineering Company Limited v Kamoto Copper Company Sarl (421/2013)

Zhongji Development Construction Engineering Company Limited v Kamoto Copper Company Sarl (421/2013) [2014] ZASCA 160; 2015 (1) SA 345 (SCA); [2014] 4 All SA 617 (SCA) (1 October 2014)

Court

Supreme Court of Appeal

Case number

421/2013

Judges

Mpati, Willis, Mbha, Mathopo, Gorven

The Supreme Court of Appeal dismissed a bid for declaratory relief on arbitrability, holding the arbitration tribunal should first decide its own jurisdiction.

• International Arbitration
• Arbitration Agreement Enforcement
• Jurisdiction Of Sa Courts
• Recognition Of Foreign Arbitral Awards
• Declaratory Orders
• Party Autonomy

Ambor NO and Others v Oasis Crescent Property Fund and Others (1497/2012)

Ambor NO and Others v Oasis Crescent Property Fund and Others (1497/2012) [2012] ZAWCHC 205 (20 March 2012)

Court

Western Cape High Court, Cape Town

Case number

1497/2012

Judge

Binns-Ward

The High Court enforced an arbitration clause in a property sale dispute, rejected fraud-based resistance to arbitration, and stayed related court proceedings.

• Arbitration Agreement Enforcement
• Stay Of Court Proceedings
• Fraud Allegations In Arbitration
• Contractual Dispute Resolution
• Arbitration-agreement-enforcement
• Stay-of-court-proceedings

D&K Konstruksie Bk v De Villiers N.O and Others (4092/11)

D&K Konstruksie Bk v De Villiers N.O and Others (4092/11) [2011] ZAWCHC 316 (15 August 2011)

Court

Western Cape High Court, Cape Town

Case number

4092/11

Judge

A Schippers

The High Court held that a building-contract dispute, including extra work and defective workmanship, fell within a broad arbitration clause and ordered arbitration.

• Arbitration Agreement Enforcement
• Construction Contract Dispute
• Specific Performance
• Costs Award
• Repudiation Of Contract
• Arbitration-agreement-enforcement