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South Africa decisions
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Serapelo v Minister of Police (1626/2017) [2024] ZANWHC 57 (1 March 2024)
The court dismissed a damages claim arising from a rubber-bullet injury during protests, finding the police officer’s conduct justified and not negligent.
Engen Petroleum Limited (1989/3754/6) v Mfoza Service Station (Pty) Limited and Another (2019/17400) [2020] ZAGPJHC 242 (5 October 2020)
The court held that the arbitrator appointed under section 12B(4)(a) of the Petroleum Products Act does not have jurisdiction to award patrimonial damages for past wrongs. The statutory framework only permits corrective remedial action, which operates prospectively to address unfair or unreasonable contractual practices. The arbitrator exceeded his powers by dismissing Engen's jurisdictional objection and entertaining Mfoza's claim for damages. The court found that the relief sought by Mfoza, as set out in its statement of case, fell outside the arbitrator's jurisdiction. The award was review…
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