South Africa Case Law

South African Local Authorities Pension Fund v Mohokare Municipality and Another (4145/2021)

South African Local Authorities Pension Fund v Mohokare Municipality and Another (4145/2021) [2023] ZAFSHC 32 (3 February 2023)

Court

Free State High Court, Bloemfontein

Case number

4145/2021

Judge

C Reinders

The High Court dismissed a contempt application against Mohokare Municipality arising from a Pension Fund Adjudicator determination, finding no wilful non-compliance.

• Contempt Of Court
• Enforcement Of Adjudicator Determination
• Pension Fund Contributions
• Civil Judgment Execution
• Contempt-of-court
• Pension-fund-contributions

SIAS Joubert Constructions CC v D L Soko and Another (1778/2019)

SIAS Joubert Constructions CC v D L Soko and Another (1778/2019) [2020] ZAMPMBHC 25 (31 December 2020)

Court

Mbombela High Court, Mpumalanga

Case number

1778/2019

Judge

B A Mashile

The court found that the adjudicator's determination, once made an order of court and not challenged within the prescribed ten-day period, becomes final and binding upon the parties. The Applicant was entitled to enforce the determination as a contractual obligation in terms of Clause 7.2.2 of the adjudication rules. The Respondent's failure to challenge the determination within the stipulated period and subsequent compliance with the court order precluded any further referral to arbitration. The Second Respondent, therefore, lacked jurisdiction to arbitrate the dispute, and the Applicant was…

Source excerpt

• Enforcement Of Adjudicator Determination
• Arbitration Jurisdiction
• Finality Of Court Orders
• Interpretation Of Contractual Clauses

Frese NO v Steve Biko Foundation (00172/2016)

Frese NO v Steve Biko Foundation (00172/2016) [2016] ZAGPJHC 358 (5 August 2016)

Court

South Gauteng High Court, Johannesburg

Case number

00172/2016

Judge

Mahalelo

The court held that the JBCC agreement's dispute resolution clause is clear and unambiguous: the adjudicator's determination is binding and must be given effect to without delay, even if a notice of dissatisfaction is issued. The respondent's notice does not suspend the obligation to comply, and the respondent failed to take any steps to refer the dispute to arbitration or to overturn the determination. The court found no merit in the argument that enforcement is against public policy or contra bonos mores due to business rescue, as the law provides mechanisms for creditors to protect their i…

Source excerpt

• Enforcement Of Adjudicator Determination
• Specific Performance
• Business Rescue
• Public Policy
• Contractual Obligations