South Africa Case Law

OCA Testing and Certification South Africa (Pty) Ltd v KCEC Engineering Construction (Pty) Ltd and Another (1226/2021)

OCA Testing and Certification South Africa (Pty) Ltd v KCEC Engineering Construction (Pty) Ltd and Another (1226/2021) [2023] ZASCA 13 (17 February 2023)

Court

Supreme Court of Appeal

Case number

1226/2021

Judges

Petse, Mocumie, Carelse, Mjali, Masipa

The SCA set aside part of an arbitration award after finding the arbitrator failed to decide claims under two agreements, amounting to a gross irregularity.

• Arbitration Act 1965
• Gross Irregularity
• Setting Aside Arbitral Award
• Remittal To New Arbitrator
• Contractual Dispute
• Arbitration-act-1965

ISA & Partners (Pty) Ltd v M3D Suppliers (Pty) Ltd t/a S & W Consulting and Another (A117/2020)

ISA & Partners (Pty) Ltd v M3D Suppliers (Pty) Ltd t/a S & W Consulting and Another (A117/2020) [2021] ZAFSHC 38 (9 February 2021)

Court

Free State High Court, Bloemfontein

Case number

A117/2020

Judges

Daffue, Majosi

The High Court dismissed an attempt to set aside an arbitral award and refused leave to supplement the papers, finding no factual basis for section 33 relief.

• Arbitration Act Section 33
• Setting Aside Arbitral Award
• Supplementary Affidavit
• Rule 53 Procedure
• Arbitration
• Setting-aside-arbitral-award

Rand Water v Zuikerbosch Biocal Products CC and Taroline (Pty) Ltd Joint Venture and Another (52056/16)

Rand Water v Zuikerbosch Biocal Products CC and Taroline (Pty) Ltd Joint Venture and Another (52056/16) [2018] ZAGPPHC 679 (21 September 2018)

Court

North Gauteng High Court, Pretoria

Case number

52056/16

Judge

P.A. Meyer

The High Court partially set aside an arbitral award, holding that one subsidy component fell outside the pleaded dispute, but upheld the rest.

• Arbitration Act 42 Of 1965
• Setting Aside Arbitral Award
• Gross Irregularity
• Misconduct Of Arbitrator
• Fronting Practice
• Contractual Obligations

City of Cape Town v Joint Venture Between Little Mead No. 37 (Pty) Ltd and Firstex Engineering Holdings (Pty) and Joint Venture Between Little Mead No. 37 (Pty) Ltd and Firstex Engineering Holdings (Pty) Ltd v City of Cape Town (9995/2014, 13769/2014)

City of Cape Town v Joint Venture Between Little Mead No. 37 (Pty) Ltd and Firstex Engineering Holdings (Pty) and Joint Venture Between Little Mead No. 37 (Pty) Ltd and Firstex Engineering Holdings (Pty) Ltd v City of Cape Town (9995/2014, 13769/2014) [2014] ZAWCHC 201 (17 December 2014)

Court

Western Cape High Court, Cape Town

Case number

9995/2014, 13769/2014

Judge

Binns-Ward

The court validated arbitration conducted while the companies were deregistered, refused to set aside the agreed award, and granted the City costs.

• Arbitration Act 42 Of 1965
• Companies Act 71 Of 2008
• Setting Aside Arbitral Award
• Condonation For Late Application
• Company Deregistration
• Finality Of Litigation

B. Langton Construction CC v Quipmore Business Finance (Pty) Ltd and Another (8201/2011)

B. Langton Construction CC v Quipmore Business Finance (Pty) Ltd and Another (8201/2011) [2013] ZAKZPHC 23 (13 February 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8201/2011

Judge

Stretch

The court held that the arbitrator acted ultra vires by deciding both the jurisdictional question and the merits of the special plea, despite clear authority that an arbitrator cannot determine his own jurisdiction unless specifically empowered by the parties. The arbitration clause did not confer such power, and the arbitrator's award dismissing the applicant's special plea was therefore invalid. The court declared the award a nullity and set it aside in terms of section 33(1)(b) of the Arbitration Act 42 of 1965. The court further found that the applicant was entitled to alternative relief…

Source excerpt

• Arbitration Jurisdiction
• Setting Aside Arbitral Award
• Acknowledgment Of Debt
• Ultra Vires Award