South Africa Case Law

Erven 176 Wadeville (Pty) Ltd v JC Impellers (Pty) Ltd and Another (2025/019090)

Erven 176 Wadeville (Pty) Ltd v JC Impellers (Pty) Ltd and Another (2025/019090) [2025] ZAGPJHC 180 (3 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/019090

Judge

S D J Wilson

The court held that the matter was not urgent and that the applicant's concerns regarding jurisdiction and procedural overlap between the arbitration and pending court proceedings should be addressed before the arbitrator, as provided for in the arbitration agreement. The arbitrator is empowered to determine their own jurisdiction and to postpone proceedings if necessary. The court emphasised the importance of upholding the parties' contractual autonomy and the arbitral bargain, noting that judicial intervention is only warranted where the validity of the arbitration agreement is in question.…

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• Urgent Interdict
• Arbitration Stay
• Eviction Proceedings
• Contractual Autonomy

Estelle Le Roux and Another v Dielemaar Holdings (Cape) Pty Ltd and Another (414/2023)

Estelle Le Roux and Another v Dielemaar Holdings (Cape) Pty Ltd and Another (414/2023) [2024] ZASCA 118 (25 July 2024)

Court

Supreme Court of Appeal

Case number

414/2023

Judges

Mothle, Meyer, Kgoele, Tolmay, Mbhele

The Supreme Court of Appeal held that the running of prescription against the applicants as sureties was interrupted or delayed by the referral of the principal debtor's dispute to arbitration, in terms of section 13(1)(f) of the Prescription Act. The applicants' withdrawal from arbitration did not sever the link between the principal debtor's debt and their accessory liability as sureties. The arbitration award, made an order of the High Court, kept the principal debt alive and thus preserved the sureties' liability. The applicants' counterclaim was dismissed in the arbitration, and their fa…

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• Suretyship
• Prescription Act
• Arbitration Stay
• Res Judicata
• Issue Estoppel

Eskom Holdings SOC Limited v TSSA (Pty) Ltd and Others (038256/2022)

Eskom Holdings SOC Limited v TSSA (Pty) Ltd and Others (038256/2022) [2023] ZAGPJHC 1469 (21 December 2023)

Court

South Gauteng High Court, Johannesburg

Case number

038256/2022

Judge

Noko

The High Court partly granted Eskom’s interdict application, staying the claims dispute merits pending arbitration, but dismissed requests tied to SIU investigation and termination.

• Interim Interdict
• Contract Termination
• Dispute Adjudication Board
• Arbitration Stay
• Special Investigation Unit
• Fidic Contracts

Engen Petroleum Limited v DAV Distribution t/a Willowcrest Convenience Centre (39469/20)

Engen Petroleum Limited v DAV Distribution t/a Willowcrest Convenience Centre (39469/20) [2023] ZAGPJHC 1391 (29 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

39469/20

Judge

Noko

The court found that the stay order granted on 2 November 2020 was expressly limited to the final determination of the arbitration proceedings before Adv Goldbe SC. The respondent's reliance on Auction Alliance was misplaced, as the facts and wording of the order in that case were distinguishable. The respondent did not bring a fresh application for a stay pending review, and a review application does not automatically suspend eviction proceedings. The applicant established its title to the property and proved termination of the lease agreement, while the respondent failed to demonstrate any…

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• Eviction
• Lease Termination
• Arbitration Stay
• Repudiation
• Damages Claim
• Petroleum Products Act

Sethaba Thaba Land Investment CC v Mnomane Investment CC and Others (16137/2021)

Sethaba Thaba Land Investment CC v Mnomane Investment CC and Others (16137/2021) [2023] ZAGPJHC 486 (15 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

16137/2021

Judge

ML Senyatsi

The court granted eviction of a subtenant after termination of the head lease and dismissed a bid to stay proceedings pending Petroleum Products Act arbitration.

• Commercial Eviction
• Sublease Termination
• Rei Vindicatio
• Petroleum Products Act
• Arbitration Stay
• Unlawful Occupation

Lehana's Pass Investments CC v Africa Campus Trading 300 (PTY) Ltd and Others (16138/2021)

Lehana's Pass Investments CC v Africa Campus Trading 300 (PTY) Ltd and Others (16138/2021) [2022] ZAGPJHC 912 (17 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

16138/2021

Judge

S D J Wilson

The applicant is entitled to evict the first respondent as the right of occupation terminated with the head lease. The pending arbitration between BP and Africa Campus does not affect the applicant's substantive right to retake possession, as the applicant is not a party to the arbitration and no relief can be granted against it. However, in the interests of justice, and given the cooperative conduct of the parties and the respondent's reasonable resistance, the execution of the eviction order should be suspended pending the outcome of the arbitration. The court found that, in principle, comp…

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• Eviction
• Franchise Agreement
• Rei Vindicatio
• Petroleum Products Act
• Arbitration Stay

Omeida Trading 397 CC v Steeldale Property Holdings (PTY) Ltd and Others (2022-015704)

Omeida Trading 397 CC v Steeldale Property Holdings (PTY) Ltd and Others (2022-015704) [2022] ZAGPJHC 720 (20 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022-015704

Judge

Swanepoel AJ

The applicant failed to establish a clear or prima facie right to remain on the premises, as both the head lease and sub-lease had been lawfully terminated and there was no existing contractual relationship entitling occupation. Section 12B arbitration cannot reinstate the head lease or affect Steeldale's rights as property owner, as it applies only to disputes between licensed wholesalers and retailers. There was no evidence of collusion between Steeldale and Engen, and the applicant's claims were unsupported by the facts. Granting the relief sought would improperly impose new contractual ob…

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• Eviction
• Interdict
• Lease Termination
• Arbitration Stay
• Collusion Allegation

Seebed CC t/a Siyabonga Convenience Centre v Engen Petroleum Limited (CCT 290/20)

Seebed CC t/a Siyabonga Convenience Centre v Engen Petroleum Limited (CCT 290/20) [2022] ZACC 28; 2023 (12) BCLR 1535 (CC) (20 July 2022)

Court

Constitutional Court

Case number

CCT 290/20

Judges

Madlanga, Majiedt, Mhlantla, Pillay, Rogers, Tlaletsi, Theron, Tshiqi

The Constitutional Court held that its jurisdiction was engaged due to the alleged denial of access to courts, but found no basis to interfere with the High Court's exercise of discretion in refusing the applicant's supplementary answering affidavit. The High Court correctly rejected the lis pendens defence because the issues in the first and second eviction proceedings were not the same, and the applicant had not properly pleaded its claims. The concession that the lease was on a month-to-month basis was a concession of fact, entitling the respondent to terminate on one month's notice. The a…

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• Petroleum Products Act
• Eviction Proceedings
• Arbitration Stay
• Contractual Termination
• Lis Pendens
• Unfair Contractual Practices

Engen Petroleum Limited v Rissik Street One Stop CC and Another (209/2020)

Engen Petroleum Limited v Rissik Street One Stop CC and Another (209/2020) [2021] ZASCA 63 (26 May 2021)

Court

Supreme Court of Appeal

Case number

209/2020

Judges

Zondi, Mocumie, Dlodlo, Kgoele, Unterhalter

The Supreme Court of Appeal held that the High Court erred in granting a stay of eviction proceedings and an interdict pending arbitration under s 12B of the Petroleum Products Act. The lease agreement between Engen and the respondents expired by effluxion of time, and the dispute referred to arbitration did not include the termination or extension of the lease. The arbitrator's powers under s 12B are limited to correcting unfair or unreasonable contractual practices and do not extend to reinstating expired leases or granting occupation rights pending sale. The respondents' right to sell the…

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• Petroleum Products Act
• Lease Expiry
• Arbitration Stay
• Eviction
• Unfair Contractual Practice

Surface Preparations , Equipment & Coatings (Pty) Ltd v SwanSA (Pty) Ltd t/a Swan's Water Treatment and Others (51113/20)

Surface Preparations , Equipment & Coatings (Pty) Ltd v SwanSA (Pty) Ltd t/a Swan's Water Treatment and Others (51113/20) [2021] ZAGPPHC 132 (10 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

51113/20

Judge

Mabuse

The High Court dismissed an urgent application challenging a company’s voluntary liquidation and seeking to halt arbitration pending liquidation procedures.

• Voluntary Liquidation
• Arbitration Stay
• Companies Act 1973
• Arbitration Act 1965
• Creditor Rights
• Special Resolution