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AECI Limited t/a Nulandis v Dellis (595/15) [2015] ZAKZDHC 83 (23 October 2015)
High Court held that an agent had to repay R160 000 advanced under a contract after resigning to join a competitor; the repayment clause was not an excessive penalty.
Thelo Rollings Stock Leasing (Pty) Ltd v Elitheni Coal (Pty) Ltd (3900/2014) [2015] ZAECPEHC 37 (26 May 2015)
The court held that the arbitration clause in the parties' agreement was sufficiently broad to encompass all disputes, including the reduction of a conventional penalty. The Penalties Act does not expressly exclude arbitrators from determining whether a penalty is out of proportion to the prejudice suffered, and the parties had expressly submitted this issue to arbitration. The arbitrator was therefore a competent tribunal to decide the matter, and his award is binding. The respondent's mining licence is a limited real right capable of attachment and sale in execution, subject to the Minister…
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