South Africa Case Law

Witwatersrand African Taxi Association v Gauteng Provincial Regulatory Entity and Others (2025/017039)

Witwatersrand African Taxi Association v Gauteng Provincial Regulatory Entity and Others (2025/017039) [2025] ZAGPJHC 179 (3 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/017039

Judge

S D J Wilson

The court found that the GPRE's decision of 16 January 2025 to exclude WATA members from operating on specified routes was taken without providing any reasons, in clear violation of section 5(3) of PAJA. The absence of justification for the decision, coupled with its inconsistency with prior court orders referring the dispute to arbitration, rendered the decision prima facie unlawful. The applicant demonstrated a strong prima facie right to relief, as its members were suffering irreparable harm by being prevented from operating despite holding valid licences. The balance of convenience favour…

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• Promotion Of Administrative Justice Act
• Interim Interdict
• Failure To Provide Reasons
• Operating Licence Dispute
• Route Allocation
• Arbitration Pending

Putco (Pty) Ltd v Head of Department of the Gauteng Department of Roads and Transport and Others (2024-116238)

Putco (Pty) Ltd v Head of Department of the Gauteng Department of Roads and Transport and Others (2024-116238) [2024] ZAGPPHC 1076 (30 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-116238

Judge

E van der Schyff

The High Court granted PUTCO urgent interim relief preserving June 2023 transport contracts pending arbitration, citing prima facie contractual rights and irreparable harm.

• Public Transport Subsidy Contracts
• Interim Interdict
• Contractual Variation
• Public Finance Management Act
• Arbitration Pending
• Balance Of Convenience

Grenco Projects and Construction CC v Hermanus Esplanade Dev Co (Pty) Ltd (4260/2024)

Grenco Projects and Construction CC v Hermanus Esplanade Dev Co (Pty) Ltd (4260/2024) [2024] ZAWCHC 172; [2024] 3 All SA 504 (WCC); 2024 (6) SA 500 (WCC) (18 June 2024)

Court

Western Cape High Court, Cape Town

Case number

4260/2024

Judge

A Kantor

The court found that while the respondent bona fide disputes the claims underlying the JBCC payment certificates on reasonable grounds and these disputes are subject to pending arbitration, the JBCC contract specifically provides that adjudicator's determinations must be implemented pending arbitration. The payment certificates are not immune from dispute, but the contract compels payment unless and until overturned by arbitration. However, in the exercise of its discretion, the court considered the progression of the arbitration, the respondent's financial position, and the potential adverse…

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• Company Liquidation
• Jbcc Construction Contract
• Payment Certificates
• Arbitration Pending
• Badenhorst Rule
• Statutory Demand

Leleu NO and Another v Numacon (Pty) Ltd and Others (2023-100004)

Leleu NO and Another v Numacon (Pty) Ltd and Others (2023-100004) [2023] ZAGPJHC 1258 (2 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-100004

Judge

Moorcroft

The High Court dismissed an urgent application for payment under a settlement agreement, holding the share price was not yet payable because an arbitration-linked residual dispute remained unresolved.

• Settlement Agreement Interpretation
• Share Buyout
• Minority Discount
• Urgent Relief
• Arbitration Pending
• Settlement-agreement-interpretation

Raubex/Nodoli Construction Joint Venture v MEC: Free State Department of Police, Roads and Transport (2288/2022)

Raubex/Nodoli Construction Joint Venture v MEC: Free State Department of Police, Roads and Transport (2288/2022) [2023] ZAFSHC 56 (20 February 2023)

Court

Free State High Court, Bloemfontein

Case number

2288/2022

Judge

C Reinders

The court held that the adjudicator's award under the NEC3 contract is binding and enforceable as a contractual obligation unless and until revised by the tribunal. The referral of the dispute to arbitration does not suspend the obligation to pay the amounts awarded by the adjudicator. The Supreme Court of Appeal in Framatome v Eskom Holdings SOC Ltd clarified that adjudication awards must be enforced pending arbitration, and the absence of 'promptly' or 'without undue delay' wording in the NEC3 clause does not affect this principle. The respondent did not challenge the adjudicator's jurisdic…

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• Construction Contracts
• Adjudication Award Enforcement
• Dispute Resolution Clauses
• Arbitration Pending
• Contractual Obligation

Nyambi and Others v H C Shaik Investment CC and Another (J1471/17)

Nyambi and Others v H C Shaik Investment CC and Another (J1471/17) [2017] ZALCJHB 260; (2017) 38 ILJ 2806 (LC) (5 July 2017)

Court

Labour Court Johannesburg

Case number

J1471/17

Judge

Lagrange

The court found that the applicants have a suitable alternative remedy available under the LRA: they can initiate a primary strike against the first respondent and, if necessary, a secondary strike against the second respondent, provided statutory requirements are met. The economic pressure exerted by such a strike would be indistinguishable from a primary strike against the second respondent. The applicants did not demonstrate why this alternative was inadequate. The court distinguished the present case from De Klerk v Project Freight Group CC, noting that the applicants are not prevented fr…

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• Unilateral Change To Terms And Conditions
• Protected Strike Action
• Temporary Employment Service
• Arbitration Pending
• Alternative Remedy

Admiral Yacht Manufacturers (Pty) Ltd v Islan Spirit Yachts (Pty) Ltd and Others (10295/2008)

Admiral Yacht Manufacturers (Pty) Ltd v Islan Spirit Yachts (Pty) Ltd and Others (10295/2008) [2008] ZAWCHC 237 (8 August 2008)

Court

Western Cape High Court, Cape Town

Case number

10295/2008

Judge

Louw

High Court urgent interdict restraining both sides from making or selling the Island Spirit catamaran pending arbitration over exclusive design rights.

• Exclusive Licensing
• Passing Off
• Interdict
• Design Rights
• Arbitration Pending
• Brand Name Restriction

Astral Operations Ltd t/a inter alia County Fair Foods and National Chicks v Country Bird (Pty) Ltd and Another (4432/2006)

Astral Operations Ltd t/a inter alia County Fair Foods and National Chicks v Country Bird (Pty) Ltd and Another (4432/2006) [2006] ZAFSHC 53 (30 November 2006)

Court

Free State High Court, Bloemfontein

Case number

4432/2006

Judge

Van der Merwe

The court found that the requirements for an interim interdict were satisfied. The applicant demonstrated a prima facie case that the expansions and increased placement of stock were commercially justified and in the best interests of the joint venture. The respondent's opposition, based on allegations of mismanagement and lack of financial information, was not substantiated on the papers and appeared to be an afterthought. The court held that irreparable harm would result if the relief was not granted, as the second respondent would be unable to meet the requirements of its participants, lea…

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• Interim Interdict
• Joint Venture Dispute
• Arbitration Pending
• Balance Of Convenience
• Damages Undertaking