Pay now, argue later: Enforcing adjudicator decisions in South African construction disputes South African courts enforce adjudicator decisions immediately, even where a party intends to challenge the outcome through arbitration. If your construction contract...
Labour Court flags inconsistent discipline in municipal dismissal case The Labour Court in Johannesburg reviewed an arbitration award that upheld the dismissal of a municipal cashier, Ms TS Scheepers, by Mangaung Metropolitan Municipality. Scheepers and another...
Not dismissed: Pandemic context and proportional discipline take centre stage The Labour Court in Cape Town reviewed an arbitration award that had upheld the dismissal of a public school principal, Mr Wesley Neumann, by the Western Cape Education Department....
Policy first, levies later: Why SANRAL’s ‘sweat the assets’ plan failed in court A Trust and its partners planned to develop a fuel station and rest-service area along the N12. Negotiations with SANRAL began under a 2016 policy that levied 0.5% on...
When arbitration confidentiality ends: Lessons from the MV Smart Case The National Ports Authority, a division of Transnet, is being sued in admiralty for about USD 110 million after the bulk carrier MV Smart grounded near the entrance to the Port of Richards...
