Lufuno Mphaphuli & Associates (Pty) Ltd v Andrews and Another

Lufuno Mphaphuli & Associates (Pty) Ltd (Mphaphuli), an electrical infrastructure contractor, engaged Bopanang Construction CC (Bopanang) as a subcontractor for an Eskom rural electrification project. Disputes arose after Bopanang vacated the site before completing its work. Bopanang claimed outstanding payment, while Mphaphuli alleged repudiation and overpayment. The dispute was referred to arbitration by agreement. The arbitrator, Nigel Andrews, awarded Bopanang R339 998.82 plus interest. Mphaphuli sought to review and set aside the award and to remit it to the arbitrator, but failed to bring its review application timeously. The High Court made the award an order of court and refused condonation for the late review application. The Supreme Court of Appeal upheld that decision. Mphaphuli then applied to the Constitutional Court for leave to appeal.

Condonation for the late filing of the application for leave to appeal was granted, and leave to appeal to the Constitutional Court was granted.

This case is significant for clarifying the constitutional dimensions of private arbitration in South Africa. It affirms that arbitration is not constitutionally insulated from judicial scrutiny and that courts must ensure arbitral awards meet minimum standards of procedural fairness under section 34 of the Constitution before enforcing them. The judgment contributes to the jurisprudence on the balance between party autonomy and constitutional rights in dispute resolution.