South Africa Case Law

Maru Spaces Consortium v Gauteng Provincial Government Department of Infrastructure Development (2023/1880)

Maru Spaces Consortium v Gauteng Provincial Government Department of Infrastructure Development (2023/1880) [2025] ZAGPJHC 192 (26 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/1880

Judge

Barnes

The Respondent failed to comply with the pre-conditions for arbitration as stipulated in the Service Level Agreement, and thus its special plea of arbitration was correctly dismissed. The supplementary affidavit of the Applicant was considered by both parties as admitted, and no objection was raised; the court's oversight in not formally admitting it is corrected by amending the order. There were no real factual disputes requiring the application of the Plascon-Evans rule, as the Respondent's defence did not rise to a legally cognisable level. Reliance on the KwaZulu-Natal Joint Liaison Commi…

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• Arbitration Clauses
• Service Level Agreement
• Leave To Appeal
• Admission Of Affidavits
• Plascon Evans Rule

Baphalaborwa 72 Construction and Civil Engineering CC v T and L Civil Electrical Contractors CC (2018/45610)

Baphalaborwa 72 Construction and Civil Engineering CC v T and L Civil Electrical Contractors CC (2018/45610) [2024] ZAGPJHC 1046 (17 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2018/45610

Judge

A. Friedman

The High Court dismissed Baphalaborwa CC’s leave to appeal against enforcement of an adjudicator’s determination and awarded attorney-client costs.

• Enforcement Of Adjudication Awards
• Arbitration Clauses
• Interim Payments In Construction
• Punitive Costs Orders
• Leave-to-appeal
• Construction-adjudication

Gap Infrastructure Corporation (Pty) Ltd previously named Barzani Development (Pty) Ltd v Oxy Trading 295 (Pty) Ltd t/a Devan Lotter Construction (M483/2023)

Gap Infrastructure Corporation (Pty) Ltd previously named Barzani Development (Pty) Ltd v Oxy Trading 295 (Pty) Ltd t/a Devan Lotter Construction (M483/2023) [2024] ZANWHC 246 (25 September 2024)

Court

North West High Court, Mafikeng

Case number

M483/2023

Judge

K D Ramolefe

The High Court enforced an adjudicator’s award, ordering payment, interest, and attorney-and-own-client costs after rejecting delay and review-based objections.

• Enforcement Of Adjudicators Award
• Contractual Dispute Resolution
• Condonation For Late Filing
• Arbitration Clauses
• Construction Contracts
• Enforcement-of-adjudicators-award

Alto Management CC v Wingtip Crossing Shopping Centre (Pty) Ltd (59545/2018)

Alto Management CC v Wingtip Crossing Shopping Centre (Pty) Ltd (59545/2018) [2024] ZAGPPHC 808 (12 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

59545/2018

Judge

S J R Mogagabe

The court held that interim payment certificates under a JBCC building contract bound the employer, rejected arbitration and factual-dispute defences, and ordered payment.

• Building Contracts
• Interim Payment Certificates
• Liquid Documents
• Summary Judgment
• Arbitration Clauses
• Interim-payment-certificates

Innova Turnkey (Pty) Ltd and Others v Hollard Insurance Company Limited and Another (2023-134395)

Innova Turnkey (Pty) Ltd and Others v Hollard Insurance Company Limited and Another (2023-134395) [2024] ZAGPJHC 115 (9 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-134395

Judge

D Dosio

The court held that the applicants failed to establish a prima facie right to an interim interdict restraining payment under the on-demand guarantees. The guarantees are autonomous and must be honoured strictly according to their terms, irrespective of disputes under the underlying contract. The only recognised exception is fraud, which was not alleged or proven by the applicants. Disputes regarding certification, termination, or calculation of amounts are matters for arbitration and do not justify interference with the guarantor's obligation to pay. The applicants have alternative remedies a…

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• On Demand Guarantees
• Interim Interdict
• Autonomy Principle
• Fraud Exception
• Arbitration Clauses

Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees (16453/2023)

Cash Crusaders Franchising (Pty) Ltd v Cash Crusaders Franchisees (16453/2023) [2024] ZAWCHC 11; [2024] 2 All SA 49 (WCC); 2024 (4) SA 141 (WCC) (26 January 2024)

Court

Western Cape High Court, Cape Town

Case number

16453/2023

Judge

LekhULENI

The court found that although the order of 3 October 2023 was cast as interim, its effect was final and definitive for the parties. The order compelled the respondents to comply with franchise agreements that had already been cancelled and addressed past harm rather than preserving the status quo. The court held that the order disposed of jurisdictional and substantive defences and was not susceptible to alteration by the court of first instance. Applying the principles from Zweni and Lebashe Investment, the court concluded that the order fell under section 18(1) of the Superior Courts Act an…

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• Interim Interdict
• Execution Pending Appeal
• Franchise Agreement Dispute
• Jurisdiction Of Court
• Irreparable Harm
• Arbitration Clauses

Batalala Construction (Pty) Ltd v Enoch Mgijima Local Municipality Queenstown Eastern Cape and Another (3010/2021)

Batalala Construction (Pty) Ltd v Enoch Mgijima Local Municipality Queenstown Eastern Cape and Another (3010/2021) [2024] ZAECMKHC 11 (25 January 2024)

Court

Eastern Cape High Court, Makhanda

Case number

3010/2021

Judge

Govindjee

The court found that the 2010 GCC, as incorporated by the SLA and confirmed by the parties' conduct, governed the dispute. The adjudication process was validly invoked, and the municipality participated without raising jurisdictional objections at the relevant time. The adjudicator's determination is binding and enforceable unless and until revised by arbitration or court, and the municipality's notice of dissatisfaction does not suspend its obligation to pay. Prescription does not bar the claim, as the cause of action arose only upon receipt of the adjudication determination. The municipalit…

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• Construction Contracts
• Adjudication Enforcement
• Specific Performance
• Prescription Act
• Arbitration Clauses

Umlazi Civils Pty Ltd v Concor Construction t/a Conradie Development and Another (20967/2021)

Umlazi Civils Pty Ltd v Concor Construction t/a Conradie Development and Another (20967/2021) [2023] ZAWCHC 161 (10 July 2023)

Court

Western Cape High Court, Cape Town

Case number

20967/2021

Judge

Binns-Ward

The court held that the FIDIC contract did not confer on interim payment certificates an absolute or temporarily final right to payment in the face of a dispute. The contract's arbitration and adjudication provisions expressly allow for certificates to be opened up, reviewed, and revised by the arbitrator. The authorities relied on by the applicant do not establish a general rule of binding effect for interim certificates; rather, the effect depends on the specific contract terms. The employer retains the right to raise contractual defences and set-off, and the disputes regarding the certifie…

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• Building Contracts
• Interim Payment Certificates
• Arbitration Clauses
• Contractual Defences
• Liquid Documents

Manyanyani Security Services CC v Sedibeng Water and Another (2003/2019)

Manyanyani Security Services CC v Sedibeng Water and Another (2003/2019) [2019] ZAFSHC 102 (18 June 2019)

Court

Free State High Court, Bloemfontein

Case number

2003/2019

Judge

V.M. Morobane

Urgent application for an interim interdict pending arbitration was struck from the roll because the applicant failed to show urgency or satisfy interdict requirements.

• Interim Interdict
• Urgency In Motion Proceedings
• Arbitration Clauses
• Contract Termination
• Urgent-applications
• Interim-interdict

Supreme Ontwikkelings Bk and Others v Perold N.O. and Others (36416/2011)

Supreme Ontwikkelings Bk and Others v Perold N.O. and Others (36416/2011) [2015] ZAGPPHC 347 (14 May 2015)

Court

North Gauteng High Court, Pretoria

Case number

36416/2011

Judge

C Pretorius

The court found that the defendants failed to properly raise the arbitration clause as a special plea and only did so as points in limine after participating in the proceedings for several years. The court held that the jurisdiction of the High Court was not ousted by the arbitration clause, especially since there was a dispute as to which house rules were applicable and an arbitrator or umpire could not issue a declaratory order on this issue. The court further found that neither Mr de Villiers nor the La Rochelle Trust were necessary parties as they no longer owned any property in the estat…

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• Joinder Of Parties
• Arbitration Clauses
• House Rules
• Servitude Rights