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South Africa decisions
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RSC Avelo (Pty) Ltd v Trencon Construction (Pty) Ltd and Another (2022/057553) [2025] ZAGPJHC 7 (12 January 2025)
The High Court enforced an arbitration award and held that interest on late certification of escalation amounts was payable under the subcontract, compounded monthly.
Strategic Partners Group Concessions (Pty) Ltd v Bombela Operating Company (Pty) Ltd and Others (2021/30068) [2023] ZAGPJHC 646 (6 June 2023)
The High Court dismissed an application for leave to appeal against its earlier dismissal of a review of an arbitration award, with costs.
Transaction Capital Recoveries (Pty) Ltd v Emfuleni Local Municipality (2014/2020) [2020] ZAGPJHC 180 (7 August 2020)
The court found that the arbitrator's award of 4 December 2019 did not constitute a final award. Objectively construed, the award merely directed the parties to make further submissions regarding the amounts due and the appropriate order to be made. The arbitrator did not intend to make a final determination, as evidenced by the express request for submissions and the question posed regarding the appropriate order. The parties' agreement provided that only a final award would be appealable, and the directions given did not meet this threshold. Accordingly, the application for a declaratory or…
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Lekwa Local Municipality v South African Local Government Bargaining Council and Others; South African Municipal Workers Union v Lekwa Local Municipality (JR1729/15; J571/16) [2019] ZALCJHB 99 (15 May 2019)
The Labour Court held that an arbitration award on salary placement was enforceable, dismissed the municipality’s declaratory application, and made the award an order of court.
Shoprite Holdings Limited v Oblowitz and Others (6474/02) [2005] ZAWCHC 2; [2006] 3 All SA 491 (C) (1 January 2005)
The court referred a dispute over an expert determination to oral evidence, ordered discovery, and held that delay and confidentiality objections did not bar the application.
Fourie v Strydom (78/1984) [1985] ZASCA 75 (10 September 1985)
The Supreme Court of Appeal held that the Water Court erred in its interpretation of the Melvill award and the subsequent notarial agreement. The award, read with the map, clearly allocated one turn of 24 hours to J and one turn of 18 hours to L per 31½ day cycle from the Welbedagtsloot. The respondent's reliance on later irrigation practices and topographical changes was found unreliable and irrelevant to the interpretation of the original award. The Court emphasized that only the award and map, as confirmed by the 1888 agreement, should guide the determination of water turns. Accordingly, t…
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