South Africa Case Law

Civil and Power Generation Projects (Pty) Ltd v MHI Power ZAF (Pty) Ltd and Another (2023/079557)

Civil and Power Generation Projects (Pty) Ltd v MHI Power ZAF (Pty) Ltd and Another (2023/079557) [2025] ZAGPJHC 529 (6 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/079557

Judge

Crutchfield

The High Court dismissed a review of arbitration awards, held the arbitrator had jurisdiction over a counterclaim, and made the awards orders of court.

• Arbitration Act Review
• Arbitrator Jurisdiction
• Counterclaim In Arbitration
• Gross Irregularity
• Condonation Of Late Filing
• Arbitration-review

Transmed South Africa Holdings (Pty) v Schaffner and Others (2023/084393)

Transmed South Africa Holdings (Pty) v Schaffner and Others (2023/084393) [2024] ZAGPJHC 482 (16 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/084393

Judge

Dlamini

The court found that the review application was filed one day late but condonation was justified and granted under section 38 of the Arbitration Act. On the merits, the court held that the appeal tribunal did not commit a gross irregularity or exceed its powers. The arbitrator erred by making a finding on a contract not pleaded, and the appeal tribunal correctly set aside the arbitrator's award. The alleged failure to consider all evidence did not amount to a gross irregularity, as the appeal tribunal assessed the evidence and was entitled to make its own evaluation. The review application wa…

Source excerpt

• Arbitration Act Section 33
• Condonation For Late Filing
• Gross Irregularity
• Arbitrator Jurisdiction
• Party Autonomy
• Counterapplication For Enforcement

Dis-Chem Pharmacies Limited v Dainfern Square (Pty) Ltd and Others (648/2022)

Dis-Chem Pharmacies Limited v Dainfern Square (Pty) Ltd and Others (648/2022) [2023] ZASCA 115; 2024 (4) SA 489 (SCA) (27 July 2023)

Court

Supreme Court of Appeal

Case number

648/2022

Judges

Nicholls, Mothle, Molefe, Kathree-Setiloane, Mali

The SCA held that an arbitrator had jurisdiction over a tenant’s claim for repayment of excess turnover rental because it arose from interpreting and implementing the lease.

• Arbitrator Jurisdiction
• Unjustified Enrichment
• Interpretation Of Contract
• Arbitration Clause
• Premature Review
• Lease Agreement

Microsep (Pty) Ltd v Kotze and Others (44384/2016)

Microsep (Pty) Ltd v Kotze and Others (44384/2016) [2021] ZAGPJHC 579 (21 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

44384/2016

Judge

Fisher

The court found that the arbitrator lacked jurisdiction to grant the consent award imposing a new restraint of trade, as there was no dispute for adjudication and the award was not the result of any adjudicative process. Consequently, the Mashile J and Berger AJ orders, which made the award an order of court, were nullities ab initio. The respondents' delay in bringing the review and rescission application was condoned due to the unique circumstances, including their inability to work and both parties' mistaken understanding of the arbitrator's powers. The defence of peremption failed, as the…

Source excerpt

• Arbitration Act Section 31
• Arbitrator Jurisdiction
• Restraint Of Trade
• Contempt Of Court
• Condonation
• Peremption

Agriculture Research Council v NAP Designs (Pty) Ltd and Others (6387/2019)

Agriculture Research Council v NAP Designs (Pty) Ltd and Others (6387/2019) [2021] ZAGPPHC 250 (26 April 2021)

Court

North Gauteng High Court, Pretoria

Case number

6387/2019

Judge

Basson

The High Court dismissed a review of an arbitration award, holding that the arbitrator stayed within the JBCC contract and did not commit a gross irregularity.

• Arbitration Act Review
• Arbitrator Jurisdiction
• Gross Irregularity
• Finality Of Award
• Pleadings And Scope
• Mutual Termination

Overseas Work and Leisure Services CC v Matzdorff NO and Another (11001/2016)

Overseas Work and Leisure Services CC v Matzdorff NO and Another (11001/2016) [2017] ZAWCHC 89 (11 August 2017)

Court

Western Cape High Court, Cape Town

Case number

11001/2016

Judge

Davis

High Court review of an arbitration award under the Arbitration Act was dismissed. The court held that alleged legal errors on levies and wasted costs were not gross irregularities.

• Arbitration Review
• Gross Irregularity
• Sectional Titles Act
• Wasted Costs
• Arbitrator Jurisdiction
• Arbitration-review

Riversdale Mining Limited v Du Plessis and Another (536/2016)

Riversdale Mining Limited v Du Plessis and Another (536/2016) [2017] ZASCA 7 (10 March 2017)

Court

Supreme Court of Appeal

Case number

536/2016

Judges

Cachalia, Wallis, Dambuza, Mathopo, Coppin

The SCA held that an arbitrator had jurisdiction to decide whether a later arbitration agreement displaced an earlier dispute-resolution clause.

• Arbitration Act 42 Of 1965
• Arbitrator Jurisdiction
• Gross Irregularity
• Contractual Interpretation
• One Stop Arbitration
• Arbitration

Autopax Passenger Services (Pty) Ltd v South African Road Passenger Bargaining Council and Others (JR 134/13)

Autopax Passenger Services (Pty) Ltd v South African Road Passenger Bargaining Council and Others (JR 134/13) [2016] ZALCJHB 208 (14 June 2016)

Court

Labour Court Johannesburg

Case number

JR 134/13

Judge

Lagrange

Labour Court review set aside a bargaining-council arbitration award for lack of jurisdiction over the direct application of BCEA section 9.

• Arbitrator Jurisdiction
• Collective Agreement Interpretation
• Basic Conditions Of Employment Act
• Working Hours
• Overtime Payment
• Arbitrator-jurisdiction

Naidoo and Another v EP Property Projects (Pty) Ltd and Others (444/2012)

Naidoo and Another v EP Property Projects (Pty) Ltd and Others (444/2012) [2014] ZASCA 97 (31 July 2014)

Court

Supreme Court of Appeal

Case number

444/2012

Judges

Mpati, Lewis, Ponnan, Bosielo, Willis

The Supreme Court of Appeal upheld an arbitration award over disputed property ownership, rejected jurisdiction and misconduct challenges, and confirmed costs against a litigation funder.

• Arbitration Act 42 Of 1965
• Arbitrator Jurisdiction
• Review Of Arbitral Award
• Costs Against Funder
• Company Directorship
• Fraudulent Transfer

B & B Markets rooftop (Pty) Ltd v Hyprop Investments Limited (30423/2013)

B & B Markets rooftop (Pty) Ltd v Hyprop Investments Limited (30423/2013) [2014] ZAGPJHC 62 (20 March 2014)

Court

South Gauteng High Court, Johannesburg

Case number

30423/2013

Judge

M Tsoka

The High Court held that an appeal tribunal acting under an arbitration agreement did not exceed its powers when it set aside a lease cancellation.

• Arbitration Award Enforcement
• Arbitrator Jurisdiction
• Lease Cancellation
• Powers Of Appeal Tribunal
• Arbitration-award-enforcement
• Arbitrator-jurisdiction