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South Africa decisions
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Isago Ka Lefika (Pty) Ltd v Sishen Iron Ore and Others (1416/2025) [2025] ZANCHC 67 (18 July 2025)
The High Court granted urgent interim interdictory relief and issued a rule nisi in contempt proceedings arising from alleged breach of a prior termination order.
Raubex/Nodoli Construction Joint Venture v MEC: Free State Department of Police, Roads and Transport (2288/2022) [2023] ZAFSHC 56 (20 February 2023)
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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Vharanani Properties (Pty) Ltd v Member of the Executive Council, Department of Human Settlements, Gauteng Provincial Government (25110/2021) [2022] ZAGPPHC 388 (1 June 2022)
The High Court ordered payment of certified construction amounts, allowed interest on two sums, and referred one interest dispute to oral evidence.
Confact Core Construction CC v JLK Construction (Pty) Ltd (7926/20) [2020] ZAWCHC 167 (25 November 2020)
The court found that the JBCC contract provided the applicant with an election between adjudication and arbitration for dispute resolution, and the applicant properly exercised its right to refer the dispute to adjudication after giving notice of disagreement. The respondent's argument that the time for adjudication had lapsed or that only arbitration was available after contract termination was rejected, as the contract language and context did not support such a limitation. The adjudication award is binding and enforceable unless and until set aside by arbitration, and the respondent failed…
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Entsha Henra CC v Sol Plaatje Municipality and Another (410/2015) [2017] ZANCHC 61 (20 October 2017)
The court held that the contract did not make adjudication the exclusive dispute process, so the adjudicator’s decision was not final against court review.
Group Five Construction (Pty) Limited v Minister of Water Affairs and Forestry (39161/05) [2010] ZAGPPHC 36 (5 May 2010)
High Court prescription dispute over construction claims was decided for the defendant; claims A-D were held prescribed and dismissed.
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