Marais v Government of Union of South Africa [1911] ZATPD 27 (24 March 1911)

Reported
Flynote

Notwithstanding Act 1 of 1910, Sec.3, proceedings may be instituted against the Government of the Union of South Africa instead of the Minister of the department which is concerned

 

Case summary

Although no execution can be levied against the Government by virtue of Sec.4 of 1910, when no award has been made in an arbitration to which the Government has been a party, under a submission which has provided that the award may be made a rule of Court, and a sufficient time has elapsed since the award without the Government having complied with its terms, a party to the submission is entitled to apply to Court to have the award made an order of Court, if from the circumstances of the case he is justified in believing that the Government dues not admit, and may contest
the validity of the award.

 


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