Mandatory mediation in Gauteng: The true test for mediation If a counterparty refuses court-annexed mediation in the Gauteng Division, a subjective belief that it will fail is not enough to excuse them. The Gauteng High Court confirmed in Brondani v...
Deemed fulfilment: Preventing parties from benefiting from their own breach A party cannot deliberately prevent a condition precedent from being fulfilled and then use that failure to escape its contractual obligations. The English Court of Appeal confirmed...
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...
