Golden Arrow Bus Services (Pty) Ltd v City of Cape Town and Others, In re: City of Cape Town v Golden Arrow Bus Services (Pty) Ltd and Others (11785/12)
Golden Arrow Bus Services (Pty) Ltd v City of Cape Town and Others, In re: City of Cape Town v Golden Arrow Bus Services (Pty) Ltd and Others (11785/12) [2013] ZAWCHC 60 (26 April 2013)
The court held that regulation 2(5) of the National Land Transport Regulations does not provide a mechanism for compulsory mediation or arbitration in the context of section 41 negotiations. The disputes between the applicant and the City arose from negotiations aimed at the conclusion of section 41 contracts, not amendments to existing contracts under section 46. Mediation and arbitration procedures are only available for disputes arising under section 46, as provided by the Act and regulations. The City was not obliged to negotiate every issue to consensus, nor to refer deadlocks under sect…
Source excerpt
- Public Transport Contracting
- Interpretation Of Statutes
- Mediation And Arbitration
- Good Faith Negotiation