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South Africa decisions
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Namasthethu Electrical (Pty) Ltd v City of Cape Town and Another (201/19) [2020] ZASCA 74 (29 June 2020)
The SCA held that a fraud-tainted tender contract was validly rescinded, and its adjudication clause did not survive to bind the City.
Generational Training and Development (PTY) LTD v Mining Qualifications Authority (MQA) (22367/17) [2018] ZAGPPHC 37 (3 September 2018)
The court held that the contract’s dispute resolution clause did not survive cancellation and dismissed the application with costs.
Atteridgeville Town Council and Another v Costa Livanos t/a Livanos Brothers Electrical (50/91) [1991] ZASCA 139; 1992 (1) SA 296 (AD); [1992] 1 All SA 274 (A) (27 September 1991)
The Supreme Court of Appeal held that the arbitration clause survived the termination of the contract by repudiation, as the clause was intended to provide machinery for resolving disputes even after the primary obligations under the contract had ended. The Court found no express or implied intention in the clause to restrict arbitration solely to the named arbitrator, Weyers, and thus the parties were entitled to appoint a substitute arbitrator in terms of the Arbitration Act. The Court further determined that Livanos substantially complied with the procedural requirements of the Act for app…
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