South Africa Case Law

Holloway and Another v Padi Emea Limited (38785-2014)

Holloway and Another v Padi Emea Limited (38785-2014) [2017] ZAGPJHC 381; 2020 (5) SA 172 (GJ) (8 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

38785/2014

Judge

M Victor

The court found that jurisdiction in South Africa is not limited to strict physical presence or attachment but is determined by a wider test of appropriateness and convenience, as established in the Multi-Links and Strang cases. The applicants demonstrated sufficient connecting factors, including local business operations, employment of a regional manager, and the impact of the expulsion decision within South Africa. The court held that Rule 53 applies to the disciplinary proceedings of the foreign tribunal, and that the South Gauteng High Court has jurisdiction to order the production of the…

Source excerpt

• Jurisdiction Of Sa Courts
• Review Of Foreign Tribunal Decisions
• Rule 53 Application
• Forum Non Conveniens
• Membership Expulsion
• Contractual Nexus

Zhongji Development Construction Engineering Company Limited v Kamoto Copper Company Sarl (421/2013)

Zhongji Development Construction Engineering Company Limited v Kamoto Copper Company Sarl (421/2013) [2014] ZASCA 160; 2015 (1) SA 345 (SCA); [2014] 4 All SA 617 (SCA) (1 October 2014)

Court

Supreme Court of Appeal

Case number

421/2013

Judges

Mpati, Willis, Mbha, Mathopo, Gorven

The Supreme Court of Appeal dismissed a bid for declaratory relief on arbitrability, holding the arbitration tribunal should first decide its own jurisdiction.

• International Arbitration
• Arbitration Agreement Enforcement
• Jurisdiction Of Sa Courts
• Recognition Of Foreign Arbitral Awards
• Declaratory Orders
• Party Autonomy

Ward and Another v Suit and Others In Re: Gurr v Zambia Airways Corporation Ltd. (51/96)

Ward and Another v Suit and Others In Re: Gurr v Zambia Airways Corporation Ltd. (51/96) [1998] ZASCA 16; [1998] 2 All SA 479 (A) (23 March 1998)

Court

Supreme Court of Appeal

Case number

51/96

Judges

Mahomed, Eksteen, Scott, Zulman, Stretcher

The court held that South African courts may wind up an external company even if it is already in liquidation abroad, and dismissed the appeal.

• External Company Liquidation
• Recognition Of Foreign Liquidators
• Concursus Creditorum
• Winding Up Orders
• Jurisdiction Of Sa Courts
• External-company-liquidation