South Africa Case Law

Transasia 1 (Pty) Limited and Another v Arbitration Foundation of South Africa and Another (2018/25821)

Transasia 1 (Pty) Limited and Another v Arbitration Foundation of South Africa and Another (2018/25821) [2018] ZAGPJHC 548 (13 September 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2018/25821

Judge

L R Adams

The High Court refused an urgent interdict to stop arbitration, holding that the respondent had not waived its right to arbitrate and the applicants lacked a prima facie right.

• Arbitration Clause Enforcement
• Interim Interdict
• Stay Of Proceedings
• Waiver And Election
• Arbitration-clause-enforcement
• Interim-interdict

BDE Constructions v Basfour 3581 (Pty) Ltd (11690/11)

BDE Constructions v Basfour 3581 (Pty) Ltd (11690/11) [2012] ZAKZPHC 55; 2013 (5) SA 160 (KZP) (31 August 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11690/11

Judge

Swain

The court held that the respondent, by not seeking to enforce the arbitration agreement and electing not to apply for a stay, waived its right to rely on the applicant's alleged breach of the arbitration agreement. The doctrine of election and waiver applies, and once the respondent made its election, it was bound by it and could not later challenge the applicant's conduct. The applicant is therefore entitled to seek a stay of the proceedings and is not obliged to withdraw them before referring the dispute to arbitration. The costs of the application are best reserved for determination by the…

Source excerpt

• Arbitration Agreement
• Stay Of Proceedings
• Waiver And Election
• Costs Reservation

Execujet Aviation (Pty) Ltd v khumalo (2010/42058)

Execujet Aviation (Pty) Ltd v khumalo (2010/42058) [2011] ZAGPJHC 59 (15 June 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2010/42058

Judge

P.N. Levenberg

The High Court dismissed a claim based on an alleged acknowledgment of debt, holding the undertaking was too vague and inconsistent with the applicant’s own case.

• Acknowledgement Of Debt
• Cession Of Claim
• Res Judicata
• Waiver And Election
• Corporate Liquidation
• Acknowledgment-of-debt

Aveng (Africa) Ltd formerly Grinaker-LTA Ltd t/a Grinaker-LTA Building East v Midros Investments (Pty) Ltd (3187/05)

Aveng (Africa) Ltd formerly Grinaker-LTA Ltd t/a Grinaker-LTA Building East v Midros Investments (Pty) Ltd (3187/05) [2011] ZAKZDHC 14; 2011 (3) SA 631 (KZD); [2011] 3 All SA 204 (KZD) (8 March 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

3187/05

Judge

Wallis

The court held that while the commencement of litigation does not automatically preclude a party from invoking an arbitration clause, Aveng's attempt to enforce the arbitration agreement while maintaining litigation commenced in breach of that agreement is untenable. The obligations under the arbitration clause are reciprocal, and Aveng cannot seek to enforce the clause against Midros while remaining in breach itself. The court found that Aveng is not entitled to a stay of proceedings; it may abandon litigation and proceed to arbitration, but cannot keep the litigation in place and simultaneo…

Source excerpt

• Arbitration Clause Enforcement
• Stay Of Proceedings
• Waiver And Election
• Breach Of Contract
• Reciprocal Obligations

Paradyskloof Golf Estate (Pty) Ltd v Municipality of Stellenbosch (547/08)

Paradyskloof Golf Estate (Pty) Ltd v Municipality of Stellenbosch (547/08) [2010] ZASCA 92; [2010] 4 All SA 591 (SCA) ; 2011 (2) SA 525 (SCA) (2 July 2010)

Court

Supreme Court of Appeal

Case number

547/08

Judges

MPATI, MTHIYANE, MALAN, SHONGWE, GRIESEL

The Supreme Court of Appeal held that the Municipality validly resiled from a land sale agreement after a suspensive condition was not fulfilled, and dismissed the appeal.

• Suspensive Condition
• Contractual Rescission
• Municipal Finance Management Act
• Valuation Dispute
• Specific Performance
• Waiver And Election

Mokoetle v Mudau NO and Others (JR1853/07)

Mokoetle v Mudau NO and Others (JR1853/07) [2008] ZALC 164; (2009) 30 ILJ 2755 (LC) ; [2009] 8 BLLR 767 (LC) (16 December 2008)

Court

Labour Court

Case number

JR1853/07

Judge

Ngalwana

The Labour Court held that the employer had waived its right to pursue disciplinary action, set aside the disciplinary proceedings and sanctions, and awarded costs.

• Unfair Labour Practice
• Waiver And Election
• Disciplinary Proceedings
• Review Of Administrative Action
• Waiver-and-election
• Disciplinary-proceedings

Total South Africa (Pty) Ltd. v Bekker NO (261/90)

Total South Africa (Pty) Ltd. v Bekker NO (261/90) [1991] ZASCA 183; 1992 (1) SA 617 (AD); [1992] 4 All SA 98 (AD) (28 November 1991)

Court

Supreme Court of Appeal

Case number

261/90

Judges

Joubert, Hefer, Smalberger, Eksteen, Nicholas

The court held that the agreement did not release Van Vuuren from the debt, and Total could pursue both Fourie and Van Vuuren after Fourie breached.

• Contract Interpretation
• Stipulatio Alteri
• Pactum De Non Petendo
• Waiver And Election
• Contract-interpretation
• Stipulatio-alteri

Administrator of the Orange Free State and Others v Mokopanele and Others (506/89)

Administrator of the Orange Free State and Others v Mokopanele and Others (506/89) [1990] ZASCA 69; 1990 (3) SA 780 (AD); [1990] 2 All SA 430 (A); (1990) 11 ILJ 963 (A) (1 June 1990)

Court

Supreme Court of Appeal

Case number

506/89

Judges

Hoexter, Van Heerden, Steyn, Nicholas, Friedman

The court held that the employer had elected not to dismiss striking hospital workers when they returned by deadline, so later summary dismissal was invalid.

• Summary Dismissal
• Strike Action
• Waiver And Election
• Master And Servant
• Natural Justice
• Audi Alteram Partem