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South Africa Case Law

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Commercial And Corporate [2021] ZACC 33

Former Way Trade and Invest (Pty) Limited v Bright Idea Projects 66 (Pty) Limited (CCT 237/20)

Former Way Trade and Invest (Pty) Limited v Bright Idea Projects 66 (Pty) Limited (CCT 237/20) [2021] ZACC 33; 2021 (12) BCLR 1388 (CC) (28 September 2021)

Court
Constitutional Court
Case number
CCT 237/20
Judges
Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that section 12B of the Petroleum Products Act does not oust the High Court's jurisdiction when a referral to arbitration is made. The discretion to stay proceedings pending arbitration remains with the court and must be exercised judicially. In this case, the High Court and Supreme Court of Appeal correctly found that the franchise agreement had lapsed and no new agreement was concluded, as the applicant refused to pay the brand fee. The applicant's referral to arbitration was made only eight days before expiry and did not challenge the respondent's ownership or…

Source excerpt

  • Petroleum Products Act
  • Statutory Arbitration
  • Stay Of Proceedings
  • Right Of Access To Court
  • Eviction
  • Contractual Renewal
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Commercial And Corporate [2021] ZACC 24

Crompton Street Motors CC v Bright Idea Projects 66 (Pty) Ltd (CCT 19/20)

Crompton Street Motors CC v Bright Idea Projects 66 (Pty) Ltd (CCT 19/20) [2021] ZACC 24; 2021 (11) BCLR 1203 (CC); 2022 (1) SA 317 (CC) (3 September 2021)

Court
Constitutional Court
Case number
CCT 19/20
Judges
Mogoeng, Jafta, Khampepe, Madlanga, Majiedt, Mhlantla, Theron, Tlaletsi, Tshiqi

The Constitutional Court held that section 12B of the Petroleum Products Act does not oust the High Court's jurisdiction. The High Court retains jurisdiction unless expressly excluded by statute, and section 12B does not contain such exclusion. The applicant's failure to comply with section 6(1) of the Arbitration Act was not fatal, as a stay may be sought either by application or special plea. The High Court correctly exercised its discretion in refusing to stay proceedings, considering the facts that the franchise and lease agreements had expired, the applicant delayed seeking arbitration,…

Source excerpt

  • Statutory Arbitration
  • Stay Of Proceedings
  • Petroleum Products Act
  • Jurisdiction Of High Court
  • Contractual Practices
  • Section 12b Arbitration
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Administrative Law [2017] ZACC 2

Business Zone 1010 CC t/a Emmarentia Convenience Centre v Engen Petroleum Limited and Others (CCT09/16)

Business Zone 1010 CC t/a Emmarentia Convenience Centre v Engen Petroleum Limited and Others (CCT09/16) [2017] ZACC 2; 2017 (6) BCLR 773 (CC) (9 February 2017)

Court
Constitutional Court
Case number
CCT 09/16
Judges
Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mbha, Mhlantla, Musi, Zondo

The Constitutional Court held that the decisions of the Controller and Minister not to refer the dispute to arbitration were administrative actions subject to review under PAJA. The Court found that section 12B of the Petroleum Products Act requires only an allegation of an unfair or unreasonable contractual practice for referral to arbitration, and does not require proof of an ongoing contract or exclude single acts such as cancellation. The Controller and Minister misunderstood their powers and imposed requirements not found in the Act, constituting material errors of law. The Court further…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Contractual Practice Review
  • Statutory Arbitration
  • Error Of Law
  • Equitable Standard In Contracts
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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.