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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 4

V & A Placement Agency (Pty) Ltd v Lapan N.O and Another (Reasons) (2023-035959)

V & A Placement Agency (Pty) Ltd v Lapan N.O and Another (Reasons) (2023-035959) [2025] ZAGPJHC 4 (7 January 2025)

Leave to appeal was dismissed in a review of an arbitral award. The court held the review grounds lacked merit and upheld a punitive costs order.

  • Arbitration Review
  • Gross Irregularity
  • Exceeding Powers
  • Punitive Costs
  • Removal Of Arbitrator
  • Arbitration-review
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Civil Procedure [2022] ZAGPJHC 970

Dohne Construction (PTY) Limited v Lane NO and Another (2943/2022)

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…

  • Arbitration Act 42 Of 1965
  • Removal Of Arbitrator
  • Perceived Bias
  • Afsa Rules
  • Costs Award
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Civil Procedure [2015] ZAECPEHC 6

Hardy and Another v Jeremy Delport Construction CC and Others (2224/14)

Hardy and Another v Jeremy Delport Construction CC and Others (2224/14) [2015] ZAECPEHC 6 (24 February 2015)

The court dismissed an application to set aside an arbitration agreement or remove an arbitrator because the second respondent had not been properly served.

  • Service Of Process
  • Removal Of Arbitrator
  • Arbitration Agreement
  • Proper Service
  • Bias And Impartiality
  • Service-of-process
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Civil Procedure [2011] ZASCA 75

Neil Harvey & Associates (Pty) Ltd v Medscheme Holdings (Pty) Ltd and Others (621/10)

Neil Harvey & Associates (Pty) Ltd v Medscheme Holdings (Pty) Ltd and Others (621/10) [2011] ZASCA 75 (26 May 2011)

The Supreme Court of Appeal held that an arbitrator need not be removed where a separate meeting caused no prejudice and no merits were decided in a party’s absence.

  • Removal Of Arbitrator
  • Reasonable Apprehension Of Bias
  • Arbitration Act 42 Of 1965
  • Ex Parte Communications
  • Procedural Irregularity
  • Arbitrator-removal
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.