South Africa Case Law

Befula Investment (Pty) Ltd t/a Rossi Engineering v Transnet Limited (AR333/23; D10584; D5234/2020)

Befula Investment (Pty) Ltd t/a Rossi Engineering v Transnet Limited (AR333/23; D10584; D5234/2020) [2025] ZAKZPHC 19 (24 January 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR333/23; D10584; D5234/2020

Judges

Mngadi, E Bezuidenhout, Nako

The court held that the arbitration process constitutes a single impediment to the running of prescription under section 13(1)(f) of the Prescription Act. Interim awards delivered during the arbitration do not terminate the arbitration process for the purposes of prescription. The penalty awards in favour of Transnet were not contingent on other claims, but the arbitration as a whole had not been finalised. Therefore, prescription remained suspended until the completion of the arbitration, and Transnet was not required to apply to make the interim awards orders of court within one year of the…

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• Arbitration Act 42 Of 1965
• Prescription Act 68 Of 1969
• Interim Arbitration Award
• Enforcement Of Awards
• Prescription Of Debt

NEHAWU obo Denner v Director General : Agriculture Land Reform and Rural Development Cape Town Mr Ramasodi Mooketsa and Others (C387/24)

NEHAWU obo Denner v Director General : Agriculture Land Reform and Rural Development Cape Town Mr Ramasodi Mooketsa and Others (C387/24) [2024] ZALCCT 69 (11 December 2024)

Court

Labour Court Cape Town

Case number

C387/24

Judge

T Gandidze

The Labour Court held the respondents in contempt for ignoring a certified arbitration award, rejecting the argument that a promised review suspended compliance.

• Contempt Of Court
• Certified Arbitration Award
• Enforcement Of Awards
• Wilfulness And Mala Fides
• Review Application
• Costs Order

SAUO obo Moller v MEC for Department of Education: North-West Province (J1527/2023)

SAUO obo Moller v MEC for Department of Education: North-West Province (J1527/2023) [2024] ZALCJHB 82 (5 February 2024)

Court

Labour Court Johannesburg

Case number

J1527/2023

Judge

R Daniels

The respondents were found to be in contempt of court for failing to comply fully with the certified arbitration award. The court established that the respondents had knowledge of the order, that it was served on them, and that they did not comply with its terms regarding the applicant's post level and interest on backpay. The respondents did not provide any evidence to rebut the presumption of wilfulness and mala fides. The court held that partial compliance was insufficient and that the respondents' conduct was deliberate. The application was granted, and the respondents were fined and orde…

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• Certified Arbitration Award
• Contempt Of Court
• Enforcement Of Awards
• Interest On Backpay
• Costs Order

National Bargaining Council For the Road Freight And Logistics Industry v Bloch N.O and Others (JR 1662/20)

National Bargaining Council For the Road Freight And Logistics Industry v Bloch N.O and Others (JR 1662/20) [2024] ZALCJHB 22; (2024) 45 ILJ 1015 (LC) (26 January 2024)

Court

Labour Court Johannesburg

Case number

JR 1662/20

Judge

S Snyman

The Labour Court granted condonation, but dismissed a review of an arbitration award upholding an incentive scheme under a bargaining council agreement.

• Collective Agreement Compliance
• Incentive Scheme
• Substantial Compliance
• Arbitration Review
• Condonation
• Enforcement Of Awards

CT International Financiers (Pty) Ltd v van Rooyen and Others (C595/18)

CT International Financiers (Pty) Ltd v van Rooyen and Others (C595/18) [2019] ZALCCT 42 (12 December 2019)

Court

Labour Court Cape Town

Case number

C595/18

Judge

Conradie

The court held that section 142A of the LRA does not require the CCMA to grant condonation for late referral before making a settlement agreement an arbitration award. The only requirement is that the dispute must be of a kind that is capable of referral to arbitration or the Labour Court. The Labour Appeal Court in Greeff v Consol Glass (Pty) Ltd clarified that the 'right to refer' is not a strict legal right open to immediate exercise, but rather an entitlement that may be exercised once procedural prerequisites are fulfilled. Requiring condonation before settlement would frustrate the purp…

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• Condonation For Late Referral
• Settlement Agreement
• Arbitration Award
• Jurisdiction Of Ccma
• Enforcement Of Awards

Hertzberg v Stargaze Media CC and Others (J23/14)

Hertzberg v Stargaze Media CC and Others (J23/14) [2016] ZALCJHB 576 (14 December 2016)

Court

Labour Court Johannesburg

Case number

J23/14

Judge

Omphemetse Mooki

The Labour Court dismissed an application to join additional parties to an award-related order, holding there were no live proceedings to support joinder.

• Joinder Of Parties
• Enforcement Of Awards
• Section 197 Transfer
• Joinder-of-parties
• Labour-court-procedure
• Section-197-transfer

Motswi v Maxi Security and Others (JR1923/03)

Motswi v Maxi Security and Others (JR1923/03) [2013] ZALCJHB 173 (18 July 2013)

Court

Labour Court Johannesburg

Case number

JR1923/03

Judge

Leppan

The Labour Court dismissed a late joinder application, holding that the liquidator should have been cited and that post-order joinder offended audi alteram partem.

• Joinder Of Parties
• Audi Alteram Partem
• Liquidation Procedure
• Enforcement Of Awards
• Joinder-of-parties
• Audi-alteram-partem

SATAWU obo Phakathi v Ghekko Services SA (Pty) Ltd and Others (J1262/09)

SATAWU obo Phakathi v Ghekko Services SA (Pty) Ltd and Others (J1262/09) [2011] ZALCJHB 202 (9 February 2011)

Court

Labour Court Johannesburg

Case number

J1262/09

Judge

AC Basson

The Labour Court held that, in principle, a party may bring contempt proceedings in respect of a certified arbitration award under section 143 of the LRA without first having the award made an order of court under section 158(1)(c). Section 143(4) expressly allows for contempt proceedings in the Labour Court for non-compliance with an award ordering performance of an act other than payment of money. However, the Court found that the applicant's claim had prescribed under the Prescription Act, as more than three years had elapsed since the award was certified and the contempt application was l…

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• Certification Of Arbitration Award
• Contempt Of Court
• Prescription
• Enforcement Of Awards

Titus v South African Police Services and Another (D 610/08)

Titus v South African Police Services and Another (D 610/08) [2010] ZALC 237 (5 February 2010)

Court

Labour Court

Case number

D 610/08

Judge

Conradie AJ

The court found that the arbitration award issued on 18 February 2005 had prescribed, as the application to make it an order of court was only launched on 22 May 2009, well outside the three-year period for enforcement and the four-year period for prescription of the award itself. The applicant's right to enforce the award had lapsed, and the award could not be made an order of court. The court aligned itself with established Labour Court jurisprudence on prescription of arbitration awards and dismissed the application. Costs were awarded against the applicant, including the costs of senior c…

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• Prescription Of Arbitration Awards
• Unfair Labour Practice Promotion
• Enforcement Of Awards
• Costs Orders

Setona v Niewoudt and Others (J3977/99)

Setona v Niewoudt and Others (J3977/99) [2002] ZALC 138 (14 May 2002)

Court

Labour Court

Case number

J3977/99

Judge

AA Landman

The Labour Court dismissed post-judgment applications to join new respondents and to hold them in contempt for non-compliance with a reinstatement order.

• Contempt Of Court
• Joinder Of Parties
• Unfair Dismissal
• Enforcement Of Awards
• Contempt-of-court
• Joinder-of-parties