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South Africa decisions
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V and A Placement Agency (Pty) Ltd v Lapan NO and Another (039539/2023) [2024] ZAGPJHC 777 (5 August 2024)
Review of arbitration award dismissed; court held the arbitrator acted within powers, no gross irregularity or bias was shown, and punitive costs were ordered.
South African Municipal Workers Union v Imbeu Development and Project Management (Pty) Ltd and Another (A2022-061733) [2024] ZAGPJHC 212 (4 March 2024)
The High Court dismissed SAMWU’s appeal against an arbitration review, holding the arbitrator did not exceed her powers by relying on evidence relevant to the pleaded issues.
Corub Property (Pty) Ltd v Barbuzano (427/2022) [2023] ZASCA 89 (8 June 2023)
The SCA interpreted a commercial lease on utility charges, holding the lessee liable for municipal electricity and water costs proved by the lessor.
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)
The High Court dismissed a review of an arbitral award, holding that the applicant failed to prove misconduct, gross irregularity, or excess of powers.
Devi v Renay and Others (2015/42991) [2022] ZAGPJHC 126 (2 March 2022)
The High Court restored the plaintiff as sole beneficiary on three life policies, upheld a Liberty policy cession, and ordered costs against most defendants.
Kariega Park Limited v D and Others (CA 252/2017) [2018] ZAECGHC 102 (12 October 2018)
The court found that the regional magistrate erred in his approach to pleadings and evaluation of evidence, overemphasising formalistic requirements and failing to properly assess the substance of the respondents' viva voce evidence. The respondents provided credible and detailed accounts of being subjected to intrusive body searches, which the court accepted as true on a balance of probabilities. The conduct of the appellant's catering manager constituted wrongful sexual violation, for which the appellant is vicariously liable. The impairment of dignity suffered by the respondents was aggrav…
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EC Chenia and Sons CC v Lamé and Van Blerk (303/05) [2006] ZASCA 10; 2006 (4) SA 574 (SCA); [2006] SCA 16 (RSA) (17 March 2006)
The Supreme Court of Appeal held that the contract was express, formed by written offer and oral acceptance, and dismissed the appeal on pleadings prejudice.
Smith v Matala (208/2003) [2004] ZAFSHC 127 (2 September 2004)
The appellant acted as an estate agent as defined in the Estate Agency Affairs Act 112 of 1976 and was not in possession of a valid fidelity fund certificate at the time of the transaction. The payment claimed constituted commission for estate agency services. In terms of section 34A of the Act, the appellant was not entitled to any remuneration or payment for such services without a valid certificate. The respondent was entitled to raise the absence of the certificate as a defence, and minor discrepancies in pleadings did not prejudice the appellant. The magistrate was correct in dismissing…
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