South Africa Case Law

Cape Town City Football Club v Matsi and Others (JR96/2022)

Cape Town City Football Club v Matsi and Others (JR96/2022) [2024] ZALCJHB 130; [2024] 5 BLLR 492 (LC) (13 March 2024)

Court

Labour Court Johannesburg

Case number

JR96/2022

Judge

T Venter

The Labour Court has jurisdiction to review private arbitration awards in employment disputes under section 157(3) of the LRA, provided the dispute was cognizable under the LRA at the outset. The applicant's failure to plead reliance on section 33 of the Arbitration Act was not fatal, as the substance of the application was a review. The arbitrator acted within his powers, applied the correct legal principles, and conducted fair proceedings. The arbitrator's determination that the termination of the contract was unlawful and a breach was supported by the evidence, including the failure to com…

Source excerpt

• Review Of Private Arbitration
• Operational Requirements Dismissal
• Unlawful Termination
• Section 33 Arbitration Act
• Section 157 3 Lra
• Costs Award

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

Agricultural Research Council v NAP Designs (Pty) Ltd and Others (6387/2019)

Agricultural Research Council v NAP Designs (Pty) Ltd and Others (6387/2019) [2021] ZAGPPHC 423 (28 June 2021)

Court

North Gauteng High Court, Pretoria

Case number

6387/2019

Judge

AC Basson

The High Court dismissed an application for leave to appeal against a judgment refusing to review and set aside an arbitration award.

• Arbitration Award Review
• Leave To Appeal
• Section 33 Arbitration Act
• Superior Courts Act Section 17
• Costs Order
• Leave-to-appeal