South Africa Case Law

Newlands Sporting FC and Others v Durban Central Local Football Association and Others (01198/2022)

Newlands Sporting FC and Others v Durban Central Local Football Association and Others (01198/2022) [2023] ZAKZDHC 16 (7 February 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

01198/2022

Judge

Msiwa

The court dismissed a challenge to a SAFA elective conference, finding the applicants were not shown to be in good standing and had not used the RMTC process.

• Internal Association Governance
• Good Standing Requirement
• Elective Conference Procedure
• Authority To Institute Proceedings
• Mediation And Arbitration
• Costs Award

Golden Arrow Bus Services (Pty) Ltd v City of Cape Town and Others (418/13)

Golden Arrow Bus Services (Pty) Ltd v City of Cape Town and Others (418/13) [2013] ZASCA 154; [2014] 1 All SA 627 (SCA) (22 November 2013)

Court

Supreme Court of Appeal

Case number

418/13

Judges

Lewis, Cachalia, Majiedt, Willis, Saldulker

The Supreme Court of Appeal held that disputes over new contract terms under section 41 of the NLTA cannot be sent to mediation or arbitration.

• National Land Transport Act
• Municipal Contracting
• Public Transport Networks
• Mediation And Arbitration
• Statutory Interpretation
• Statutory-interpretation

Golden Arrow Bus Services (Pty) Ltd v City of Cape Town and Others, In re: City of Cape Town v Golden Arrow Bus Services (Pty) Ltd and Others (11785/12)

Golden Arrow Bus Services (Pty) Ltd v City of Cape Town and Others, In re: City of Cape Town v Golden Arrow Bus Services (Pty) Ltd and Others (11785/12) [2013] ZAWCHC 60 (26 April 2013)

Court

Western Cape High Court, Cape Town

Case number

11785/12

Judge

Griesel

The court held that regulation 2(5) of the National Land Transport Regulations does not provide a mechanism for compulsory mediation or arbitration in the context of section 41 negotiations. The disputes between the applicant and the City arose from negotiations aimed at the conclusion of section 41 contracts, not amendments to existing contracts under section 46. Mediation and arbitration procedures are only available for disputes arising under section 46, as provided by the Act and regulations. The City was not obliged to negotiate every issue to consensus, nor to refer deadlocks under sect…

Source excerpt

• Public Transport Contracting
• Interpretation Of Statutes
• Mediation And Arbitration
• Good Faith Negotiation

David Emerkwuru Civil and Building Construction CC v MEC Department of Public Works (Provincial Government) North West Province (1746/2011)

David Emerkwuru Civil and Building Construction CC v MEC Department of Public Works (Provincial Government) North West Province (1746/2011) [2012] ZANWHC 52 (24 May 2012)

Court

North West High Court, Mafikeng

Case number

1746/2011

Judge

N. Gutta

The court held that mediation clauses did not bar suit, but the plaintiff’s claim was not liquidated for summary judgment, so the application was dismissed.

• Summary Judgment
• Liquidated Amount
• Building Contract Dispute
• Jurisdiction
• Mediation And Arbitration
• Summary-judgment

Hansco Motors CC t/a Hansa Motors v BP Southern Africa (Pty) Ltd and Another (5980/2011)

Hansco Motors CC t/a Hansa Motors v BP Southern Africa (Pty) Ltd and Another (5980/2011) [2011] ZAKZPHC 48 (12 August 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5980/2011

Judge

Seegobin

The court dismissed an urgent application to stop lease termination and granted eviction relief, holding the sub-lease expired by effluxion of time.

• Lease Termination
• Rectification Of Contract
• Urgent Interdict
• Unfair Contractual Practice
• Mediation And Arbitration
• Holding Over