CASE IN POINT – OCTOBER 2025 IN THE CONTEXT OF THE SPIRIT, PURPORT AND OBJECTS OF THE BILL OF RIGHTS, IS AN APPEAL AGAINST AN ARBITRAL AWARD TO THE HIGH COURT OF SOUTH AFRICA PERMISSIBLE? In the judgment of Level Seven Restaurant (Pty) Ltd t/a Level... read more
CASE IN POINT – OCTOBER 2025 ACCOUNTABILITY AT LAST Introduction The court reports are replete with cases involving unlawful tender awards and concomitant irregular expenditure on the part of government entities. Although not often proven, many of t... read more
A CASE IN POINT – OCTOBER 2025 PRIMACY OF ARBITRATION AFFIRMED Introduction The Supreme Court of Appeal (SCA) recently reaffirmed the binding nature of arbitration clauses in commercial contracts.[1] Background In September 2017 Kalagadi Manganese (... read more
UNCLE OSWALD’S Q&A FORUM – FEBRUARY 2026 DISPUTED DOCUMENTS Dear Uncle Oswald, Thank you for your response to my previous request. I have submitted my application for the appointment of an arbitrator in terms of clause 40 of the JBCC Serie... read more
A WORD FROM THE BENCH – MARCH 2026 TIME-BARS, SECTION 8, AND THE FINALITY OF ARBITRAL AWARDS Kidrogen RF (Pty) Ltd v Erasmus and Others 2025 (5) SA 110 (SCA) This recent Supreme Court of Appeal decision is a cautionary tale for parties (and practiti... read more
