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)
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…
Source excerpt
- Arbitration Act 42 Of 1965
- Prescription Act 68 Of 1969
- Interim Arbitration Award
- Enforcement Of Awards
- Prescription Of Debt