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Timber Frame Technologies (Pty) Ltd and Others v Roelofse (2273/2023) [2023] ZAMPMBHC 42 (28 July 2023)
The High Court dismissed a recusal application, holding that any bias apprehension belonged to the litigants, not their attorneys, and no actual bias was shown.
Dohne Construction (PTY) Limited v Lane NO and Another (2943/2022) [2022] ZAGPJHC 970 (7 December 2022)
The court held that AFSA Rule 14.4 does not exclude the statutory right under s 13(2) of the Arbitration Act to apply for removal of an arbitrator. The court has residual jurisdiction to entertain such applications on good cause shown. On the merits, the applicant failed to establish a reasonable apprehension of bias. The alleged relationship between the arbitrator and Unki Mines' expert was not substantiated, and the arbitrator's conduct did not demonstrate partiality. The supplementary affidavit was filed late and based on facts known earlier, and its contents did not alter the outcome. The…
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Magashule v Ramaphosa and Others (2021/23795) [2021] ZAGPJHC 405 (13 September 2021)
The court held that the applicant failed to meet the heightened threshold for leave to appeal under section 17(1)(a) of the Superior Courts Act. Condonation for late filing of affidavits was properly granted in the interests of justice, with no prejudice to the applicant. Allegations of actual or perceived bias were unsubstantiated; the court's findings were based on a thorough analysis of the facts and law. The suspension under ANC Rule 25.70 was precautionary, not punitive, and did not attract the audi alteram partem rule. The Deputy Secretary General had authority to suspend the applicant…
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Bike Mob (Pty) Ltd and Others v Arbitrator and Another (7496/2020) [2021] ZAWCHC 120 (21 June 2021)
The High Court held that an arbitrator could issue an interim ruling on fees under the lease arbitration clause and dismissed a bias-based removal application.
Eskom: Rotek Industries SOC Ltd v Mans and Others (JR226/2016) [2017] ZALCJHB 321 (7 September 2017)
The court found that the arbitrator's jurisdiction was rooted in the Professional Services Contract and its arbitration clause, not in the MEIBC's ruling. The arbitrator acted within his mandate, considering all relevant evidence and applying the applicable legal principles. Even if the arbitrator erred in interpreting the contract or the law, such errors do not constitute grounds for review under section 33(1) of the Arbitration Act unless they evidence material malfunctioning or prevent a fair trial. The court held that the arbitrator did not misconceive the nature of the enquiry, nor did h…
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Khumalo and Others v Louw and Another (2014/40692) [2016] ZAGPJHC 39 (22 February 2016)
The court held that the Johannesburg Regional Court did not have territorial jurisdiction to commence or continue criminal proceedings against the first applicant, as the alleged offence was committed at Komatipoort. The direction issued by the acting deputy NDPP under s.22(3) of the National Prosecuting Authority Act and s.111 of the Criminal Procedure Act was invalid because the prerequisite—jurisdiction in the initial court—was absent. The purported transfer of proceedings was not lawful, and the direction was set aside. The court further found that the conduct of the presiding magistrate…
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Stuttafords Stores (Pty) Ltd and Others v Salt of the Earth Creations (Pty) Ltd and Others (A363/2008) [2010] ZAGPPHC 574 (19 February 2010)
Appeal against refusal of recusal dismissed. The court held that adopting one party’s heads of argument as a judgment did not, by itself, show bias.
Gama v Transnet Limited and Others (09/38956) [2009] ZAGPJHC 75 (7 October 2009)
The court found that the delegation of authority from the Board to the Acting Group Chief Executive, and the subsequent sub-delegation to Mr Maharaj, was lawful and valid under Transnet's Articles of Association and established Board resolutions. The process was not tainted by perceived bias, as the allegations against Mr Wells did not invalidate the delegation or the decisions taken, especially given the independent scrutiny by auditors and legal advisors. The disciplinary proceedings and suspension did not constitute administrative action under PAJA, but were exercises of corporate powers w…
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Rowans Construction v Commission for Conciliation, Mediation and Arbitration and Others (JR 229/01) [2002] ZALC 161 (3 August 2002)
The Labour Court set aside a CCMA arbitration award after finding the commissioner’s conduct created a reasonable apprehension of bias and amounted to gross misconduct.
Deetlefs v Minister of the South African Defence Force (J5549/00) [2001] ZALC 133 (22 August 2001)
The Labour Court judge recused himself from an application for leave to appeal after allegations that his conduct created a perception of bias.
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