South Africa Case Law

Ekurhuleni Metropolitan Municipality v Great Cormorant Investments 75 (Pty) Limited (23073/2022)

Ekurhuleni Metropolitan Municipality v Great Cormorant Investments 75 (Pty) Limited (23073/2022) [2025] ZAGPJHC 177 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

23073/2022

Judge

Dlamini

The High Court dismissed a prescription special plea, finding that the debt only became due when an arbitration award fixed the rental on 18 September 2020.

• Prescription Act
• Lease Agreement Dispute
• Arbitration Award Finality
• Running Of Prescription
• Contractual Interpretation
• Prescription-act

Mbita Consulting Services CC and Others v Passenger Rail Agency of South Africa (Pty) Limited and Others (2023/114027)

Mbita Consulting Services CC and Others v Passenger Rail Agency of South Africa (Pty) Limited and Others (2023/114027) [2024] ZAGPJHC 1126 (22 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/114027

Judge

ML Senyatsi

The court held that it is not competent to make a disputed and unsigned settlement agreement an order of court in the absence of a pending lis between the parties. The applicants failed to identify any case pending before the court to which the settlement agreement related. The arbitration award in favour of Prasa was final, and no further action was taken by the applicants to vindicate their alleged rights. The court found that the purported agreement was not signed by Prasa, and the authority of the officials was disputed. Reliance on section 20(7) and (8) of the Companies Act was misplaced…

Source excerpt

• Settlement Agreement Enforcement
• Authority Of Company Officials
• Arbitration Award Finality
• Abuse Of Court Process

King Civil Contractors (PTY) Ltd v Enviroserv Waste Management (PTY) Ltd (45747/2021)

King Civil Contractors (PTY) Ltd v Enviroserv Waste Management (PTY) Ltd (45747/2021) [2022] ZAGPJHC 467 (13 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

45747/2021

Judge

FHD Van Oosten

The High Court refused leave to appeal, holding there were no reasonable prospects of success and no compelling reason based on conflicting judgments.

• Leave To Appeal Test
• Arbitration Award Finality
• Section 8 Superior Courts Act
• Conflicting Judgments
• Costs Order
• Leave-to-appeal

Transaction Capital Recoveries (Pty) Ltd v Emfuleni Local Municipality (2014/2020)

Transaction Capital Recoveries (Pty) Ltd v Emfuleni Local Municipality (2014/2020) [2020] ZAGPJHC 180 (7 August 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2014/2020

Judge

Millar

The court found that the arbitrator's award of 4 December 2019 did not constitute a final award. Objectively construed, the award merely directed the parties to make further submissions regarding the amounts due and the appropriate order to be made. The arbitrator did not intend to make a final determination, as evidenced by the express request for submissions and the question posed regarding the appropriate order. The parties' agreement provided that only a final award would be appealable, and the directions given did not meet this threshold. Accordingly, the application for a declaratory or…

Source excerpt

• Arbitration Award Finality
• Appealability Of Arbitration
• Interpretation Of Awards

Solidarity obo Smook v Department of Transport Roads and Public Works (JA68/15)

Solidarity obo Smook v Department of Transport Roads and Public Works (JA68/15) [2016] ZALAC 42; (2016) 37 (ILJ) 2626 (LAC); [2016] 12 BLLR 1201 (LAC) (15 June 2016)

Court

Labour Appeal Court

Case number

JA68/15

Judges

Tlaletsi, Ndlovu, Murphy

The Labour Appeal Court held that the unsigned first arbitration award was final and binding because it was served on both parties and entered the public domain, thereby rendering the arbitrator functus officio. The requirement for signature under section 138(7)(a) of the Labour Relations Act is directory rather than peremptory; strict compliance is not necessary for validity if the award is otherwise complete and conveyed to the parties. The second, signed award was invalid as the arbitrator lacked jurisdiction to issue it after becoming functus officio. The appellant was therefore only enti…

Source excerpt

• Functus Officio
• Arbitration Award Finality
• Statutory Interpretation
• Compensation For Unfair Dismissal

Van Deventer and Another v Biggs and Others (3323/2013)

Van Deventer and Another v Biggs and Others (3323/2013) [2014] ZAECPEHC 48 (7 August 2014)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3323/2013

Judge

P.W. Tshiki

The court held that a settlement agreement made an order of court, and the substitute directors’ determination of loan accounts, were binding and not reviewable on the papers.

• Arbitration Award Finality
• Expert Determination
• Rule 53 Review
• Abuse Of Process
• Settlement Agreement Enforcement
• Settlement-agreement-enforcement

Leadtrain Assessments (Pty) Ltd and Others v Leadtrain (Pty) Ltd and Others (427/2012)

Leadtrain Assessments (Pty) Ltd and Others v Leadtrain (Pty) Ltd and Others (427/2012) [2013] ZASCA 33; 2013 (5) SA 84 (SCA) (28 March 2013)

Court

Supreme Court of Appeal

Case number

427/2012

Judges

Nugent, Ponnan, Tshiqi, Swain, Saldulker

The Supreme Court of Appeal held that the finality of arbitration awards is a guiding principle of consensual arbitration under the Arbitration Act. The grounds for judicial review are strictly limited to those set out in section 33(1), and mere error or misdirection by the arbitrator in awarding costs does not constitute 'good cause' for remittal under section 32(2). The court found that the respondents' case amounted to an attempt to appeal the arbitrator's decision under the guise of remittal, which is impermissible. Accordingly, the counter-application should have been dismissed, and para…

Source excerpt

• Arbitration Act 1965
• Arbitration Award Finality
• Remittal For Reconsideration
• Costs Award
• Judicial Review Of Arbitration

IMATU v South African Local Government Bargaining Council and Others (D513/06)

IMATU v South African Local Government Bargaining Council and Others (D513/06) [2010] ZALC 38; (2010) 31 ILJ 1891 (LC) (5 February 2010)

Court

Labour Court

Case number

D513/06

Judge

Conradie AJ

The Labour Court held that an emailed draft did not amount to a final arbitration award, so the arbitrator was not functus officio when he later changed retrospectivity.

• Arbitration Award Finality
• Functus Officio
• Retrospective Effect
• Section 138 Lra
• Functus-officio
• Arbitration-award-finality

McCain Frozen Foods (Pty) Limited v Creighton (A740/2008)

McCain Frozen Foods (Pty) Limited v Creighton (A740/2008) [2009] ZAGPPHC 89 (18 June 2009)

Court

North Gauteng High Court, Pretoria

Case number

A740/2008

Judges

Hartzenberg, Rabie, Poswa

High Court appeal about whether an arbitral award was final and binding, and whether pleadings could be amended to revisit delivery dates and breach.

• Arbitration Award Finality
• Contractual Interpretation
• Amendment Of Pleadings
• Res Judicata
• Non Variation Clause
• Arbitration-award-finality