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South Africa decisions
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Coyle and Another v Classic Comfort Construction and Others (Pty) Ltd (2022/029290) [2025] ZAGPJHC 587 (11 June 2025)
The High Court refused to stay arbitration over a construction payment dispute, finding no compelling reason to halt the arbitration pending related action proceedings.
Uniplate Investments Holdings (Pty) Limited and Another v Dieu Charis Enterprises (Pty) Limited and Others (2025/053282) [2025] ZAGPJHC 429 (5 May 2025)
The High Court struck an urgent application to stay arbitration proceedings from the roll, finding the alleged urgency was self-created and costs should follow.
Railway Safety Regulator v Mabanga and Others (2025/019807) [2025] ZALCJHB 122 (25 March 2025)
The Labour Court granted an urgent interim interdict staying CCMA arbitration pending review of a condonation ruling on jurisdiction.
City of Johannesburg Metropolitan Municipality v Mphefo and Others (J787/2024) [2024] ZALCJHB 287 (30 July 2024)
The Labour Court granted an interim interdict staying an arbitration pending review of a jurisdictional ruling in an unfair dismissal dispute.
Independent Development Trust (IDT) v Bakhi Design Studio CC and Others [2023] ZAGPPHC 363; 033351/2023 (12 May 2023)
The High Court stayed pending arbitration because the dispute concerns legality-based review of public procurement decisions, which must be determined by court.
Technology Corporate Management (Pty) Ltd v Mosue and Others (J 186/23) [2023] ZALCJHB 122 (26 April 2023)
The application for leave to appeal was dismissed because the applicant failed to meet the statutory threshold of demonstrating reasonable prospects of success or any compelling reason for the appeal to be heard. The alleged error regarding the dismissal date was immaterial and did not affect the substance of the order. The Court found that the order refusing a stay of arbitration was interlocutory, not final, and thus not suitable for appeal. The applicant's arguments regarding misdirection and procedural unfairness were unfounded, and the application was considered ill-conceived. The right…
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Builda Construction Cape Proprietary Limited v Verveen and Another [2023] ZAGPPHC 178; 018498/13 (22 March 2023)
The court found that the applicant had consistently disputed the jurisdiction of the arbitrator and the existence of a valid arbitration agreement. The urgency was justified by the imminent continuation of arbitration proceedings and the applicant's ongoing efforts to secure a stay. The court exercised its discretion to stay the arbitration, finding that the applicant would suffer irreparable harm and prejudice if compelled to arbitrate before the review was finalized. The arbitrator's discretion to proceed under Article 24(3) was not absolute and must be balanced against the prejudice to the…
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Technology Corporate Management (Pty) Ltd v Moue and Others (J 186/23) [2023] ZALCJHB 71 (12 March 2023)
The Labour Court dismissed an urgent bid to stay CCMA arbitration pending review of interlocutory rulings, finding the urgency self-created and the relief unjustified.
Thibault Square Financial Services (Pty) Ltd v Lancaster 102 (Pty) Ltd and Others (7464/2021) [2021] ZAWCHC 272 (1 December 2021)
The High Court refused to set aside or stay an arbitration over the Unwind Agreement, finding Thibault had not shown good cause under section 3(2).
Winnie Mabaso Foundation v CCMA and Others (J293/21) [2021] ZALCJHB 46 (24 March 2021)
The Labour Court dismissed an urgent review of a CCMA jurisdictional ruling, holding that defective service did not oust jurisdiction and that section 158(1B) barred intervention.
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