South Africa Case Law

Cream We Go (Pty) Ltd and Another v Paul's Homemade (Pty) Ltd and Others (013187/2022)

Cream We Go (Pty) Ltd and Another v Paul's Homemade (Pty) Ltd and Others (013187/2022) [2024] ZAGPPHC 847 (28 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

013187/2022

Judge

M P Kumalo

The High Court held that the Consumer Protection Act did not oust the arbitrator’s jurisdiction and dismissed the application to stop the arbitration.

• Arbitration Agreement Validity
• Consumer Protection Act
• Jurisdiction Of Arbitrator
• Setting Aside Arbitration Clause
• Good Cause Requirement
• Contractual Interpretation

What A Functionality (Pty) Ltd v eStudy (Pty) Ltd and Others (14579/2020)

What A Functionality (Pty) Ltd v eStudy (Pty) Ltd and Others (14579/2020) [2022] ZAGPPHC 127 (15 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

14579/2020

Judge

Phahlamohlaka A.J.

The court set aside an arbitrator’s appointment and award for not complying with the SLA’s appointment procedure, but left the arbitration agreement intact.

• Arbitration Agreement Validity
• Appointment Of Arbitrator
• Service Level Agreement
• Review Of Arbitral Award
• Arbitration-agreement-validity
• Appointment-of-arbitrator

Oosthuizen t/a Wilger Motors v Puma Energy South Africa (Pty) Ltd and Others (5280/2019)

Oosthuizen t/a Wilger Motors v Puma Energy South Africa (Pty) Ltd and Others (5280/2019) [2019] ZAFSHC 253 (28 November 2019)

Court

Free State High Court, Bloemfontein

Case number

5280/2019

Judge

Murray, AJ

The court found that it had jurisdiction as the cause of action arose in Brandfort, Free State, where the contract was to be performed. The applicant demonstrated urgency, as the need for relief only arose when the respondents refused to stay arbitration and insisted on proceeding, leaving her with no alternative remedy and a reasonable apprehension of irreparable harm. The applicant was held to be a consumer under the Consumer Protection Act, entitled to its protections, including the right to challenge unfair contract terms and the validity of the arbitration agreement. The court held that…

Source excerpt

• Arbitration Agreement Validity
• Urgent Interdict
• Consumer Protection Act
• Jurisdiction Of High Court
• Prima Facie Right
• Unfair Contract Terms

Volkswagen (SA) Pty Ltd v Koorts and Others (PA10/09)

Volkswagen (SA) Pty Ltd v Koorts and Others (PA10/09) [2011] ZALAC 5; [2011] 6 BLLR 561 (LAC); (2011) 32 ILJ 1892 (LAC) (9 March 2011)

Court

Labour Appeal Court

Case number

PA10/09

Judges

MLAMBO, TLALETSI, LANDMAN

The court held that although the parties laboured under a common error regarding the review standard applicable to the arbitration award, this error was not material to the validity of the arbitration agreement. The agreement was severable, and the portion purporting to impose an obligation on the court could be deleted without affecting the parties' bargain. The arbitrator's award could only be reviewed on the narrow grounds set out in section 33 of the Arbitration Act. The arbitrator did not commit misconduct or gross irregularity in relation to charges one, two, and four, but failed to app…

Source excerpt

• Arbitration Agreement Validity
• Common Mistake
• Review Of Arbitration Award
• Grounds For Dismissal
• Code Of Good Practice
• Remittal Of Award