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Matsaung and Another v Matsaung and Others - Appeal (HCAA31/2022) [2023] ZALMPPHC 108 (27 October 2023)
The Full Court held the appellants had standing to enforce a prior order by contempt, set aside the dismissal, and remitted the merits for a fresh hearing.
Rodpaul Construction (Pty) Ltd t/a Rods Construction v MEC: KwaZulu-Natal Provincial Department of Public Works (599/2023P) [2023] ZAKZPHC 84 (18 August 2023)
The court held that the adjudicator's determination under the NEC3 contract is binding and enforceable pending arbitration, regardless of the respondent's notification of dissatisfaction or referral to a tribunal. Public policy requires that contracts freely and voluntarily entered into must be honoured, and the respondent's fear of non-repayment if the award is overturned at arbitration does not justify withholding payment. The respondent failed to incorporate any contractual clause allowing for a stay of payment pending arbitration and cannot now rely on public policy to amend the contract.…
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