South Africa Case Law

Transnet (SOC) Limited v Tenova Mining and Minerals South Africa (Pty) Ltd and Another (2022/006083)

Transnet (SOC) Limited v Tenova Mining and Minerals South Africa (Pty) Ltd and Another (2022/006083) [2023] ZAGPPHC 1837 (19 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

2022/006083

Judge

Potterill

The court found that the arbitration was self-administered and not under the auspices of the Association of Arbitrators, so Rule 9 did not bar the court from entertaining the application. Rule 9 is permissive, not mandatory, and does not exclude the operation of section 13(2) of the Arbitration Act. The arbitrator made definitive findings that Transnet had no claim for damages or any other claim and no viable alternative to what it had pleaded, which created a reasonable apprehension of bias. The arbitrator's approach went beyond the scope of exception proceedings and amounted to a final view…

Source excerpt

• Arbitrator Removal
• Perception Of Bias
• Arbitration Act Section 13
• Contractual Interpretation
• Exception Procedure

MEC for Environmental Affairs and Development Planning v Clairison’s CC (408/2012)

MEC for Environmental Affairs and Development Planning v Clairison’s CC (408/2012) [2013] ZASCA 82; [2013] 3 All SA 491 (SCA); 2013 (6) SA 235 (SCA) (31 May 2013)

Court

Supreme Court of Appeal

Case number

408/2012

Judges

Nugent, Ponnan, Tshiqi, Willis, Swain

The SCA held that the MEC properly considered relevant factors and was not biased when refusing environmental authorisation for a retirement village proposal.

• Promotion Of Administrative Justice Act
• Environmental Authorisation
• Urban Sprawl
• Departmental Policy
• Perception Of Bias
• Administrative-law

Umgeni Water v Hollis NO and Another (11876/10)

Umgeni Water v Hollis NO and Another (11876/10) [2012] ZAKZDHC 10; 2012 (3) SA 475 (KZD) (8 March 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

11876/10

Judge

Van Zyl

High Court refused to remove an arbitrator, finding no objectively reasonable apprehension of bias and dismissing the application with costs.

• Arbitrator Removal
• Perception Of Bias
• Arbitration Act Section 13
• Costs Order
• Recusal Standard
• Arbitrator-removal

Stuttafords Stores (Pty) Ltd and Others v Salt of the Earth Creations (Pty) Ltd (CCT 59/10)

Stuttafords Stores (Pty) Ltd and Others v Salt of the Earth Creations (Pty) Ltd (CCT 59/10) [2010] ZACC 14; 2011 (1) SA 267 (CC) ; 2010 (11) BCLR 1134 (CC) (2 September 2010)

Court

Constitutional Court

Case number

CCT 59/10

Judges

Ngcobo, Brand, Cameron, Froneman, Khampepe, Mogoeng, Nkabinde, Skweyiya, Yacoob

The Constitutional Court dismissed leave to appeal in a recusal dispute, finding no practical effect because the judge had retired, while cautioning against copied judgments.

• Recusal Of Judge
• Perception Of Bias
• Trade Mark Dispute
• Passing Off
• Leave To Appeal
• Judicial Reasoning

S v Tshotshoza and Others (18/2009)

S v Tshotshoza and Others (18/2009) [2009] ZAGPPHC 172; 2010 (2) SACR 274 (GNP) (17 April 2009)

Court

North Gauteng High Court, Pretoria

Case number

18/2009

Judges

Hartzenberg, Khampepe, Jordaan

The High Court held that the appointment of Adv. Krause as prosecutor, paid by Business Against Crime and SABRIC, did not create a reasonable perception of possible prejudice in the minds of reasonable, right-minded persons. The arrangement was distinguished from the Bonugli matter, as the contributors (banks) had no direct control over prosecutions and did not stand to benefit directly from convictions. The agreement between the NPA and Krause complied with section 38 of the National Prosecuting Authority Act, and Krause acted under the supervision and direction of the Director of Public Pro…

Source excerpt

• Fair Trial Rights
• Appointment Of Prosecutors
• Section 38 National Prosecuting Authority Act
• Perception Of Bias
• Public Vs Private Prosecution

Avril Elizabeth Home for the Mentally Handicapped v Commission for Conciliation Mediation And Arbitration and Others (JR782/05)

Avril Elizabeth Home for the Mentally Handicapped v Commission for Conciliation Mediation And Arbitration and Others (JR782/05) [2006] ZALCJHB 19 (13 March 2006)

Court

Labour Court Johannesburg

Case number

JR782/05

Judge

A Van Niekerk

The commissioner materially erred in law by applying the criminal justice model of procedural fairness and failing to use the balance of probabilities test in assessing misconduct. The Labour Relations Act and Code of Good Practice require only an investigation, notification, opportunity to respond, and communication of the decision, not a formal hearing or strict rules against bias. The commissioner’s reliance on a perception of bias due to the chairperson’s subordinate position was unfounded in law. These errors rendered the arbitration award reviewable and necessitated its setting aside. T…

Source excerpt

• Unfair Dismissal
• Arbitration Review
• Procedural Fairness
• Balance Of Probabilities
• Perception Of Bias

National Entitled Workers Union v DG John and Ground Water Civils CC (JR5/97)

National Entitled Workers Union v DG John and Ground Water Civils CC (JR5/97) [1997] ZALC 7 (29 October 1997)

Court

Labour Court

Case number

JR5/97

Judge

Jali

The Labour Court found that the commissioner committed gross irregularity by denying the applicant’s representative the opportunity to cross-examine the employee on contradictory evidence and to present closing arguments, despite having raised an expectation that such opportunity would be afforded. The commissioner’s conduct, including unwarranted comments and interruptions, created a reasonable perception of bias against the applicant. The court held that these irregularities prejudiced the applicant and prevented a fair hearing. The award was set aside and the matter referred back to the CC…

Source excerpt

• Unfair Dismissal
• Arbitration Review
• Gross Irregularity
• Procedural Fairness
• Perception Of Bias