South Africa Case Law

Hosking v Cape Peninsula University of Technology and Another (C460/2019)

Hosking v Cape Peninsula University of Technology and Another (C460/2019) [2023] ZALCCT 46 (24 July 2023)

Court

Labour Court Cape Town

Case number

C460/2019

Judge

Liziwe Dzai

The applicant failed to bring his review application within the statutory six-week period prescribed by section 145(1)(a) of the Labour Relations Act, having delivered it almost eleven weeks after receiving the arbitration award. He did not allege or prove any essential elements of corruption as required under section 145(1)(b) and the Prevention and Combating of Corrupt Activities Act, and conceded he had no evidence of corruption. The condonation application was defective, lacking a proper notice of motion, but was nevertheless entertained in the interests of justice. The applicant's explan…

Source excerpt

• Condonation
• Review Of Arbitration Award
• Late Filing
• Jurisdiction
• Labour Relations Act
• Misconduct Of Arbitrator

Elsys (Pty) Ltd t/a Electrosystems v BTS Electrical and Mechanical Services (Pty) Ltd (In Liquidation) and Another (21/59086)

Elsys (Pty) Ltd t/a Electrosystems v BTS Electrical and Mechanical Services (Pty) Ltd (In Liquidation) and Another (21/59086) [2023] ZAGPJHC 624 (5 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

21/59086

Judge

Strijdom

The High Court dismissed a review of an arbitral award, holding that the applicant failed to prove misconduct, gross irregularity, or excess of powers.

• Arbitration Act 1965
• Review Of Arbitral Award
• Gross Irregularity
• Misconduct Of Arbitrator
• Pleadings And Evidence
• Arbitration-review

Insurance Underwriting Managers (Pty) Ltd and Another v Blue Crest Holdings (Pty) Ltd and Others (54327/2021; 38025/2021; 04842/2022)

Insurance Underwriting Managers (Pty) Ltd and Another v Blue Crest Holdings (Pty) Ltd and Others (54327/2021; 38025/2021; 04842/2022) [2023] ZAGPJHC 45 (26 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

54327/2021; 38025/2021; 04842/2022

Judge

Mudau

The High Court dismissed consolidated applications challenging arbitration agreements and alleging procedural irregularity, finding no review basis under section 33 of the Arbitration Act.

• Arbitration Act 42 Of 1965
• Review Of Arbitral Award
• Gross Irregularity
• Misconduct Of Arbitrator
• Setting Aside Arbitration
• Uniform Rules Of Court

Tshwane University of Technology v Thondoni Properties and Another (65994/2020)

Tshwane University of Technology v Thondoni Properties and Another (65994/2020) [2021] ZAGPPHC 427 (22 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

65994/2020

Judge

Joubert

The High Court dismissed TUT’s review of an arbitral award, finding no misconduct or gross irregularity and holding that the arbitrator had considered the disputed notice.

• Arbitration Act Review
• Lease Agreement
• Gross Irregularity
• Misconduct Of Arbitrator
• Student Accommodation
• Summary Cancellation

Beukes v Ten Four Consulting and Others (570/2020)

Beukes v Ten Four Consulting and Others (570/2020) [2021] ZASCA 83 (17 June 2021)

Court

Supreme Court of Appeal

Case number

570/2020

Judges

Ponnan, Saldulker, Mocumie, Schippers, Eksteen

The SCA upheld an appeal against review of an arbitration award, finding no gross irregularity or misconduct and restoring the dismissal of the review application.

• Arbitration Act 1965
• Gross Irregularity
• Misconduct Of Arbitrator
• Restraint Of Trade
• Conventional Penalties Act
• Review Of Arbitral Award

Icon Earthworks (Pty) Ltd v Caliber 293 (Pty) Ltd and Another (10086/2019)

Icon Earthworks (Pty) Ltd v Caliber 293 (Pty) Ltd and Another (10086/2019) [2020] ZAGPPHC 661 (28 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

10086/2019

Judge

G.T. Avvakoumides

The High Court dismissed a review of an arbitral award, holding that alleged errors of fact or law and disputed findings did not amount to reviewable irregularities.

• Arbitration Act Section 33
• Gross Irregularity
• Misconduct Of Arbitrator
• Party Autonomy
• Finality Of Arbitral Award
• Arbitration-review

Rand Water v Zuikerbosch Biocal Products CC and Taroline (Pty) Ltd Joint Venture and Another (52056/16)

Rand Water v Zuikerbosch Biocal Products CC and Taroline (Pty) Ltd Joint Venture and Another (52056/16) [2018] ZAGPPHC 679 (21 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

52056/16

Judge

P.A. Meyer

The High Court partially set aside an arbitral award, holding that one subsidy component fell outside the pleaded dispute, but upheld the rest.

• Arbitration Act 42 Of 1965
• Setting Aside Arbitral Award
• Gross Irregularity
• Misconduct Of Arbitrator
• Fronting Practice
• Contractual Obligations

Trustees of the Mvula Trust v UWP Consulting (Pty) Ltd and Another (1589/2017)

Trustees of the Mvula Trust v UWP Consulting (Pty) Ltd and Another (1589/2017) [2018] ZAECGHC 62 (14 June 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

1589/2017

Judge

T Malusi

High Court review of an arbitral award dismissed. The court found no gross irregularity, no misdirection on the onus, no material reliance on inadmissible evidence, and no bias.

• Arbitration Review
• Gross Irregularity
• Misconduct Of Arbitrator
• Onus Of Proof
• Admissibility Of Evidence
• Arbitration-review

Calligeris N.O. and Another v Parker N.O. and Another (7937/2017)

Calligeris N.O. and Another v Parker N.O. and Another (7937/2017) [2018] ZAWCHC 35 (22 March 2018)

Court

Western Cape High Court, Cape Town

Case number

7937/2017

Judge

Meer

High Court set aside an arbitration award for misconduct, gross irregularity, and undue delay after the award largely copied one party’s heads of argument.

• Arbitration Award Review
• Misconduct Of Arbitrator
• Gross Irregularity
• Delay In Award
• Sectional Titles Act
• Right To Fair Hearing

Cheg Trading (Pty) Ltd and Another v Emfuleni Estate Home Owners Association and Another (3116/2015)

Cheg Trading (Pty) Ltd and Another v Emfuleni Estate Home Owners Association and Another (3116/2015) [2016] ZAGPPHC 212 (23 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

3116/2015

Judge

Olivier

The court held that the grounds advanced by the applicants did not meet the threshold for review under section 33 of the Arbitration Act. The arbitrator did not misconduct himself, commit a gross irregularity, or exceed his powers. The alleged language barrier was not substantiated by the record, and any need for an interpreter should have been raised by the applicants' legal representatives. The arbitrator acted within his mandate, and his interpretation of the HOA constitution was within his powers. The applicants' arguments largely concerned the merits, which are not reviewable. The applic…

Source excerpt

• Arbitration Act Review
• Gross Irregularity
• Misconduct Of Arbitrator
• Exceeding Powers
• Finality Of Award