Show simple item record 2017-04-08T17:09:22Z 2017-04-08T17:09:22Z 2008-03-03 en
dc.identifier.citation [2009] ZACC 6
dc.identifier.citation 2009 (4) SA 529 (CC)
dc.identifier.citation 2009 (6) BCLR 527 (CC)
dc.title Lufuno Mphaphuli and Associates (Pty) Ltd v Andrews and Another en
dc.title.alternative CCT97/07 en
dc.identifier.casenumber CCT97/07 en
dc.contributor.judge O'Regan J Majority judgment
dc.contributor.judge Kroon AJ dissenting judgment
dc.contributor.judge Ngcobo J dissenting judgment 20 March 2009
dc.concourt.synopsis Appeal from the SCA regarding decision of a private arbitrator. O'Regan J (for the majority, Langa CJ, Mokgoro, Van der Westhuizen and Yacoob JJ concurring) held that section 34 of the Constiution did not apply directly to private prosecutions, although arbitration agreements need to be in line with the Constitution. The arbitration had been fairly conducted in line with the intention of the parties and the conduct of the arbitrator was not so grossly irregular as to warrant the setting aside of the agreement. The appeal was dismissed. Kroon AJ) held that section 34 did apply to private arbitrations. That there had been gross irregularities in the behavior of the arbitrator and that the award should be set aside. Ngcobo dissented, holding that the matter did not raise constitutional issues, and that it was not in the interests of justice to grant the appeal. Majority: O'Regan (Langa CJ, Mokgoro J, Van der Westhuizen J and Yacoob J concurring) Minority: per Kroon AJ (Jaftha J and Nkabinde J concurring)
dc.concourt.casehistory Application for leave to appeal to CC against a decision of the SCA: Lufuno Mphaphuli & Associates (Pty) Ltd v Andrews and Another [2007] ZASCA 143; 2008 (2) SA 448 (SCA); 2008 (7) BCLR 725 (SCA). The SCA upheld a judgment of the Pretoria High Court: Bopanang Construction CC v Lufuno Mphaphuli & Associates (Pty) Ltd; Lufuno Mphaphuli & Associates (Pty) Ltd v Andrews and Another, Case Nos 27225/04 and 33188/2004, North Gauteng High Court, Pretoria, 22 February 2006, unreported.

Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


My Account