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South Africa decisions
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M. v Haywood N.O and Others (15781/15) [2024] ZAGPPHC 437 (29 April 2024)
The High Court confirmed a rule nisi, allowing re-enrolment of divorce-related claims and maintenance enforcement, including deductions from a retirement annuity.
Tansnat Durban (Pty) Ltd v eThekwini Municipality and Another (D11215/2022) [2024] ZAKZDHC 1 (11 January 2024)
The court found that the arbitrator issued an impermissible hybrid award by deciding some issues and leaving the PTIG bus issue for the court, despite it being within his mandate. This contravenes the established legal principle that arbitrators must decide all matters referred to them, and hybrid orders are not permitted. The arbitrator's lack of jurisdiction to decide the PTIG issue, due to statutory restriction, did not mean the issue was not properly placed before him. The award is thus a nullity and does not require a formal setting aside under section 33 of the Arbitration Act. The cour…
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Botha v Department of Education (Limpopo Province) and Others (J2301/03) [2007] ZALCJHB 81 (4 October 2007)
The Labour Court held that two arbitration awards and the court order enforcing them were nullities, and dismissed a contempt application arising from them.
Botha v Department of Education (Limpopo Province) and Others (J2301/o3) [2007] ZALC 67; (2008) 29 ILJ 624 (LC) (4 October 2007)
The Labour Court held that two ELRC arbitration awards and the order enforcing them were nullities, and dismissed the contempt application.
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