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South Africa decisions
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Eskom Holdings SOC Limited v TSSA (Pty) Ltd and Others (038256/2022) [2023] ZAGPJHC 1469 (21 December 2023)
The High Court partly granted Eskom’s interdict application, staying the claims dispute merits pending arbitration, but dismissed requests tied to SIU investigation and termination.
Ndlambe Local Municipality v Quality Filtration Systems (Pty) Ltd and Another (3574/2022) [2022] ZAECMKHC 83 (25 October 2022)
The court found that the first respondent was contractually entitled to suspend works under the FIDIC contract due to the applicant's failure to pay certified amounts under payment certificate 13. The notices given by the first respondent complied with the requirements of clauses 14.8 and 16.1, providing sufficient warning and time for the applicant to remedy the breach. The applicant's argument that the notices were defective was rejected as overly formalistic, given the clear communication and timeline established in the correspondence. The applicant's non-payment was not justified by any p…
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Joint Venture Between Aveng (Africa) Pty Ltd and Strabag International GmbH v South African National Roads Agency Soc Ltd and Another (8331/19) [2019] ZAGPPHC 97; [2019] 3 All SA 186 (GP) (22 March 2019)
Urgent application to stop SANRAL calling up construction guarantees was dismissed after the court found no proven Force Majeure basis or contractual bar.
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