South Africa Case Law

Member of the Executive Council For Rural Enviroment and Agricultural Development v Botha N.O and Another (M325/2019)

Member of the Executive Council For Rural Enviroment and Agricultural Development v Botha N.O and Another (M325/2019) [2024] ZANWHC 44 (20 February 2024)

Court

North West High Court, Mafikeng

Case number

M325/2019

Judge

A Reddy

The High Court upheld a jurisdictional point in limine and dismissed an application to review or set aside an arbitration award, with costs against the applicant.

• Arbitration Act 42 Of 1965
• Jurisdiction Of High Courts
• Service Level Agreement
• Default Arbitration Award
• Arbitration
• Court-jurisdiction

Denel SOC Ltd v NUMSA obo Peterson and Another (J518-22)

Denel SOC Ltd v NUMSA obo Peterson and Another (J518-22) [2022] ZALCJHB 143; (2022) 43 ILJ 2303 (LC); [2022] 10 BLLR 945 (LC) (24 May 2022)

Court

Labour Court Johannesburg

Case number

J518-22

Judge

G N Moshoana

The Labour Court stayed execution of a CCMA default award pending rescission proceedings, holding that Denel faced irreparable harm and that costs should lie where they fall.

• Stay Of Enforcement
• Default Arbitration Award
• Rescission Application
• Condonation
• Ccma Jurisdiction
• Stay-of-enforcement

Computer Storage Services Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CA7/2016)

Computer Storage Services Africa (Pty) Ltd v Commission for Conciliation, Mediation and Arbitration and Others (CA7/2016) [2017] ZALAC 74 (30 November 2017)

Court

Labour Appeal Court

Case number

CA7/2016

Judges

Musi JA, Coppin JA, Savage AJA

The Labour Appeal Court dismissed an employer’s appeal against refusal of condonation for a late review of a CCMA rescission ruling and held it lacked jurisdiction over an uncondoned late review of the award.

• Condonation
• Unfair Suspension
• Default Arbitration Award
• Employment Relationship
• Rescission Of Award
• Rescission

Du Toit v Commission for Conciliation, Mediation and Arbitration and Others (JR1957/2012)

Du Toit v Commission for Conciliation, Mediation and Arbitration and Others (JR1957/2012) [2016] ZALCJHB 448 (1 December 2016)

Court

Labour Court Johannesburg

Case number

JR1957/2012

Judge

Harkoo

Labour Court dismissed an application to rescind a default order and stay execution, finding no good cause, no prospects of success, and no irregularity.

• Rescission Of Judgment
• Default Arbitration Award
• Jurisdiction Of Ccma
• Condonation Of Late Referral
• Prospects Of Success
• Rescission-of-judgment

Pro-Khaya Construction CC v Independent Development Trust (3065/2015)

Pro-Khaya Construction CC v Independent Development Trust (3065/2015) [2016] ZAECPEHC 10; [2016] 2 All SA 909 (ECP) (22 March 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3065/2015

Judge

J M Roberson

The court found that there was a valid and consensual agreement between the parties, through their attorneys, to refer all disputes—including those in the High Court action and costs—to arbitration. The respondent's denial of participation and knowledge was rejected as untenable, given the correspondence and conduct of its attorneys. The citation of the Trust was condoned as all trustees were effectively before the court. The arbitrator acted within his powers, permitted procedural amendments, and applied the correct interest rate as per the JBCC agreement and legislation. The Trust failed to…

Source excerpt

• Arbitration Act 1965
• Principal Building Agreement
• Default Arbitration Award
• Interest On Judgments
• Costs Award
• Lis Alibi Pendens