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South Africa Case Law

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Alternative Dispute Resolution [2023] ZAGPJHC 1333

Emalini Enterprises 15 CC and Another v Grains For Africa Commodity Brokers (Pty) Ltd and Others (2021/11461)

Emalini Enterprises 15 CC and Another v Grains For Africa Commodity Brokers (Pty) Ltd and Others (2021/11461) [2023] ZAGPJHC 1333 (20 November 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2021/11461
Judge
Thupaatlase

The court found that the arbitrator did not exceed his mandate or commit gross irregularity in awarding damages under Claim B, as the reference to 'penalty' was interpreted in context as financial damages and not as a contractual penalty. No direct evidence of misconduct was presented, and the arbitrator's reasoning was not so grossly flawed as to warrant interference. The punitive costs order, though overlapping in rationale with attorney-client costs, was within the arbitrator's discretion under section 35 of the Arbitration Act. However, the argument of duplication was substantiated, but n…

Source excerpt

  • Arbitration Act 42 Of 1965
  • Arbitrator Mandate
  • Gross Irregularity
  • Punitive Costs
  • Prescription Of Claims
  • Sanctity Of Contract
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Commercial And Corporate [2023] ZAKZPHC 84

Rodpaul Construction (Pty) Ltd t/a Rods Construction v MEC: KwaZulu-Natal Provincial Department of Public Works (599/2023P)

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)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
599/2023P
Judge
Nicholson AJ

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.…

Source excerpt

  • Adjudication Award Enforcement
  • Nec3 Contract
  • Public Policy In Contracts
  • Sanctity Of Contract
  • Piecemeal Litigation
  • Set Off
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Commercial And Corporate [2011] ZAKZPHC 11

Ralph Horst Katzwinkel t/a Summerveld Equine Hospital v Behrens and Another (7184/2010)

Ralph Horst Katzwinkel t/a Summerveld Equine Hospital v Behrens and Another (7184/2010) [2011] ZAKZPHC 11 (14 February 2011)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
7184/2010

The court found that the applicant failed to establish a protectable proprietary interest justifying the enforcement of the restraint of trade. The alleged confidential information and trade secrets were either vague or publicly accessible, and the applicant did not demonstrate any loss of clients or misuse of proprietary information by the first respondent. The restraint period of two years was deemed excessive and unreasonable in the present context, especially considering the first respondent's absence from South Africa for several months after her resignation. The court held that enforcin…

Source excerpt

  • Restraint Of Trade
  • Enforceability Of Contracts
  • Customer Connection
  • Confidential Information
  • Public Policy
  • Sanctity Of Contract
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.