South Africa Case Law

South African National Parks v Madyayimile Trading CC and Another (1995/2020)

South African National Parks v Madyayimile Trading CC and Another (1995/2020) [2022] ZAGPJHC 619 (23 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

1995/2020

Judge

C Todd

High Court held that a challenge to an arbitration award must be brought under section 33 of the Arbitration Act, and made the award an order of court.

• Arbitration Award Enforcement
• Authority Of Attorney
• Section 31 Arbitration Act
• Section 33 Arbitration Act
• Arbitration-award-enforcement
• Authority-of-attorney

Matatiele Local Municipality v Lubbe Construction (Pty) Limited (24667/2020)

Matatiele Local Municipality v Lubbe Construction (Pty) Limited (24667/2020) [2021] ZAGPJHC 763 (2 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

24667/2020

Judge

Adams

The court held that an arbitration award does not create a new debt but merely affirms or liquidates the existing debt. The prescription period applicable is that of the underlying debt, which is three years under the Prescription Act. The review application to set aside the arbitrator's award does not delay the running of prescription. As the applicant's claim to enforce the arbitration award was brought after the expiration of the prescription period, the claim had prescribed. Accordingly, the application to make the arbitration award an order of court was dismissed with costs.

Source excerpt

• Arbitration Award Enforcement
• Prescription Act
• Judgment Debt
• Section 31 Arbitration Act

Hutchings v Hutchings (15633/2019)

Hutchings v Hutchings (15633/2019) [2021] ZAWCHC 3 (18 January 2021)

Court

Western Cape High Court, Cape Town

Case number

15633/2019

Judge

S Hockey

The High Court held that an arbitration award could be made an order of court despite a prescription objection, because the right to seek that order is not a debt under the Prescription Act.

• Arbitration Award Enforcement
• Prescription Act
• Costs Taxation
• Section 31 Arbitration Act
• Arbitration-award-enforcement
• Prescription-act

Bidoli v Bidoli and Another (2011 (5) SA 247 (SCA))

Bidoli v Bidoli and Another (2011 (5) SA 247 (SCA)) [2011] ZASCA 82; 436/10 (27 May 2011)

Court

Supreme Court of Appeal

Case number

436/10

Judges

Harms, Nugent, Ponnan, Malan, Theron

The Supreme Court of Appeal held that an arbitrator could record a settlement as an award on agreed terms and that the award could be made an order of court.

• Arbitration Award Enforcement
• Agreed Award
• Jurisdiction Of Arbitrator
• Settlement Agreement
• Section 31 Arbitration Act
• Arbitration