South Africa Case Law

SA National Roads Agency SOC Limited v Fountain Civil Engineering (Pty) Ltd and Another (395/2020)

SA National Roads Agency SOC Limited v Fountain Civil Engineering (Pty) Ltd and Another (395/2020) [2021] ZASCA 118 (20 September 2021)

Court

Supreme Court of Appeal

Case number

395/2020

Judges

Ponnan, Schippers, Mokgohloa, Mothle, Mabindla-Boqwana

The Supreme Court of Appeal held that the High Court erred in granting an interdict restraining SANRAL from making a claim under the unconditional performance guarantee pending arbitration. The contract provided for mediation and litigation, not arbitration, and the High Court had no power to amend the contract by ordering arbitration. The performance guarantee was unconditional, and SANRAL was entitled to claim under it regardless of disputes under the contract. Clause 4.2 did not require SANRAL to prove entitlement before making a demand, and the indemnity provision protected FCE against wr…

Source excerpt

• Performance Guarantee
• Interdict
• Fidic Contract
• Termination Of Contract
• Dispute Resolution
• Force Majeure

Pro-Khaya Construction CC v Ashford and Others (1107/2020)

Pro-Khaya Construction CC v Ashford and Others (1107/2020) [2021] ZAECPEHC 6 (19 January 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1107/2020

Judge

N Gqamana

The High Court reviewed and set aside an arbitration award after finding the applicant was not allowed to present evidence or argument on its counterclaim.

• Arbitration Review
• Gross Irregularity
• Procedural Fairness
• Subcontractor Dispute
• Fidic Contract
• Remittal Of Award

Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (577/2019)

Joint Venture between Aveng (Africa) (Pty) Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (577/2019) [2020] ZASCA 146; 2021 (2) SA 137 (SCA) (13 November 2020)

Court

Supreme Court of Appeal

Case number

577/2019

Judges

Navsa, Saldulker, Makgoka, Goosen, Unterhalter

The Supreme Court of Appeal held that SANRAL could demand payment under an unconditional performance guarantee despite a pending force majeure arbitration.

• Performance Guarantee
• Fidic Contract
• Force Majeure
• Interlocutory Interdict
• Contractual Entitlement
• Risk Allocation