South Africa Case Law

Mafoko Security Patrols (Pty) Ltd v Moeketsi and Others (2023-076255)

Mafoko Security Patrols (Pty) Ltd v Moeketsi and Others (2023-076255) [2024] ZAGPJHC 142 (13 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-076255

Judge

L. Windell

The High Court stayed execution on a pension-fund writ, holding that the complainant could enforce the adjudicator’s determination, but late-payment interest belonged to the fund.

• Pension Fund Determination
• Enforcement Of Adjudicator Award
• Late Payment Interest
• Writ Of Execution
• Urgent Interdict
• Pension-fund-determination

Motheo Construction Group (Pty) Ltd v University of Mpumalanga (1174/2022)

Motheo Construction Group (Pty) Ltd v University of Mpumalanga (1174/2022) [2023] ZAMPMBHC 38 (12 July 2023)

Court

Mbombela High Court, Mpumalanga

Case number

1174/2022

Judge

B A Mashile

The High Court held that the NEC3 adjudicator was properly appointed or, at least, accepted by the respondent, and made the award an order of court.

• Enforcement Of Adjudicator Award
• Contractual Dispute Resolution
• Arbitration Act Section 33
• Party Acquiescence
• Nec3 Engineering Contract
• Enforcement-of-adjudicator-award

Makhado Project Management (PTY) LTD v Member Of The Executive Council, Department Of Infrastructure Development, Gauteng Provincial Government and Another (21/58814)

Makhado Project Management (PTY) LTD v Member Of The Executive Council, Department Of Infrastructure Development, Gauteng Provincial Government and Another (21/58814) [2023] ZAGPJHC 732 (27 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/58814

Judge

M. Olivier

The High Court enforced an adjudicator’s decision in a construction dispute, rejecting a proposed stay pending SIU proceedings and awarding punitive costs.

• Enforcement Of Adjudicator Award
• Stay Of Proceedings
• Construction Contract Dispute
• Special Investigating Unit Proceedings
• Punitive Costs
• Contractual Obligations

Bohnke NO and Others v JW Blue Construction Management (22866/2019)

Bohnke NO and Others v JW Blue Construction Management (22866/2019) [2020] ZAWCHC 101 (20 May 2020)

Court

Western Cape High Court, Cape Town

Case number

22866/2019

Judge

Hockey

The High Court granted provisional liquidation against the respondent for failing to pay an adjudicated debt under a JBCC agreement, rejecting abuse-of-process and pending-arbitration objections.

• Provisional Liquidation
• Enforcement Of Adjudicator Award
• Jbcc Agreement
• Section 345 Companies Act
• Pacta Sunt Servanda
• Provisional-liquidation

Ekurhuleni West College v Segal and Another (26624/2017)

Ekurhuleni West College v Segal and Another (26624/2017) [2018] ZAGPPHC 662 (29 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

26624/2017

Judge

De Vos

The court held that adjudication is a contractual process distinct from arbitration and administrative law, governed by the terms of the parties' agreement and the adjudication rules. The adjudicator's determination is binding and enforceable unless and until revised by arbitration. The applicant, having elected to refer the disputes to arbitration, cannot simultaneously seek review of the adjudicator's award. The adjudicator acted within his mandate and the agreed procedure; the refusal to conduct a hearing and to consider certain submissions did not amount to a breach of natural justice or…

Source excerpt

• Construction Contracts
• Adjudication Procedure
• Enforcement Of Adjudicator Award
• Natural Justice
• Arbitration Agreement

Bombardier Africa Alliance Consortium v Passenger Rail Agency of South Africa (65099/2017)

Bombardier Africa Alliance Consortium v Passenger Rail Agency of South Africa (65099/2017) [2018] ZAGPPHC 413 (18 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

65099/2017

Judge

Nochumsohn

The court held that the contract expressly provides that the DAB decision is binding and must be promptly given effect to unless and until it is revised by amicable settlement or arbitrable award. The respondent's notice of dissatisfaction and referral to arbitration do not suspend its obligation to comply with the DAB decision. Clause 20.7 only applies where no notice of dissatisfaction is given, which is not the case here. The court found that the respondent's late attempt to introduce an oral agreement regarding milestone payments was unsupported and irregular. The applicant is entitled to…

Source excerpt

• Contractual Dispute Resolution
• Dispute Adjudication Board
• Enforcement Of Adjudicator Award
• Arbitration Clause Interpretation

Steve Biko Foundation v Frese NO and Another (A5008/2017)

Steve Biko Foundation v Frese NO and Another (A5008/2017) [2018] ZAGPJHC 446 (7 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A5008/2017

Judges

SNI Mokose, CG Lamont, MA Makume

Appeal upheld: the court held that an interlocutory adjudicator’s award could not be made an order of court before arbitration was finalised.

• Enforcement Of Adjudicator Award
• Arbitration Proceedings
• Contractual Obligations
• Business Rescue
• Costs Award
• Adjudication

Superway Construction (Pty) Limited v Passenger Rail Agency of South Africa (55779/2016)

Superway Construction (Pty) Limited v Passenger Rail Agency of South Africa (55779/2016) [2017] ZAGPPHC 1060 (1 September 2017)

Court

North Gauteng High Court, Pretoria

Case number

55779/2016

Judge

GB Rome

The High Court upheld a JBCC adjudicator’s determination, found the construction contract valid, dismissed Prasa’s counter-application, and made the award an order of court.

• Adjudication Under Jbcc
• Contract Formation
• Tender Irregularity
• Natural Justice
• Enforcement Of Adjudicator Award
• Jbcc-adjudication

Synthesis Projects CC v SBTJ Properties CC (32497/2016)

Synthesis Projects CC v SBTJ Properties CC (32497/2016) [2017] ZAGPJHC 67 (10 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

32497/2016

Judge

C J van der Westhuizen

High Court enforcement of a JBCC adjudicator’s decision was granted, rejecting a jurisdiction challenge and ordering payment, interest, and attorney-and-client costs.

• Enforcement Of Adjudicator Award
• Building Contract Dispute
• Jbcc Contract Interpretation
• Jurisdiction Of Adjudicator
• Building-contract-dispute
• Jbcc-contract

Emfuleni Local Municipality v Tau Ya Mariri Transport and General Services CC (2012/29984)

Emfuleni Local Municipality v Tau Ya Mariri Transport and General Services CC (2012/29984) [2013] ZAGPJHC 28 (21 February 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2012/29984

Judge

FHD Van Oosten

The High Court ordered implementation of an adjudicator’s award under a construction adjudication agreement, including procuring an engineer’s certificate and payment.

• Construction Adjudication
• Enforcement Of Adjudicator Award
• Contractual Obligation
• Interpretation Of Contractual Terms
• Construction-adjudication
• Adjudicator-award-enforcement