South Africa Case Law

Jet Education Services NPO v Manufacturing Engineering and Related Services Sector Education and Training Authority (2023/070358,2023/071032)

Jet Education Services NPO v Manufacturing Engineering and Related Services Sector Education and Training Authority (2023/070358,2023/071032) [2024] ZAGPJHC 709 (2 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/070358,2023/071032

Judge

F Snyckers

The court held that both the JET and MerSETA applications are matters arising from the Skills Development Act, as they concern the legality of discretionary grants and contracts awarded by MerSETA in fulfilment of its statutory mandate. The statutory ouster in section 31(1) applies broadly to all disputes causally connected to the SDA, not only those directly invoking its provisions. The court rejected the argument that parties could confer jurisdiction on the High Court by consent where a statutory ouster applies. The contracts and disputes in question are central to the statutory functions…

Source excerpt

• Skills Development Act
• Exclusive Jurisdiction
• Self Review
• Discretionary Grants
• Administrative Action
• Jurisdictional Ouster

Ward v Netbet (Pty) Ltd t/a Sportingbet South Africa (9847/2015)

Ward v Netbet (Pty) Ltd t/a Sportingbet South Africa (9847/2015) [2017] ZAWCHC 133 (20 November 2017)

Court

Western Cape High Court, Cape Town

Case number

9847/2015

Judge

Desai

The court found that the applicant was bound by the respondent's standard terms and conditions, which clearly limited the maximum payout to R1,000,000.00 per customer per day. The applicant had assented to these terms when opening his account and was repeatedly notified of the limits both before and after placing bets. The betting slip's indication of a higher possible payout was subject to the stated limits, and there was no conflict between the standard terms and the transaction-specific terms. The doctrines of variation, waiver, or representation did not assist the applicant, as no represe…

Source excerpt

• Contractual Interpretation
• Standard Terms And Conditions
• Caveat Subscriptor
• Jurisdictional Ouster
• Maximum Payout Limit

Huayou (Hong Kong) Co., Limited v C. Steinweg Bridge (Proprietary) Limited and Others (2017/17232)

Huayou (Hong Kong) Co., Limited v C. Steinweg Bridge (Proprietary) Limited and Others (2017/17232) [2017] ZAGPJHC 348 (3 November 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2017/17232

Judge

Opperman

The High Court discharged an ex parte interim interdict over detained cobalt concentrate, holding that arbitration in London had exclusive jurisdiction.

• Interim Interdict
• Specific Performance
• Arbitration Clause
• Force Majeure
• Non Disclosure In Ex Parte
• Jurisdictional Ouster