Does a time-bar challenge negate an adjudicator’s jurisdiction to determine a dispute

Khaya Mantengu, Director, and Zodwa Malinga, Associate in the Dispute Resolution and Construction & Engineering, were recently featured in the Sunday Times Supplement, where they discussed “Does a time-bar challenge negate an adjudicator’s jurisdiction to determine a dispute?”

8 Aug 2025 1 min read Article

They explain that adjudication is a vital dispute resolution mechanism in South African construction contracts, providing a quick, interim solution to keep projects moving despite disagreements.

Now widely integrated into major construction agreements, adjudicators’ decisions are binding unless overturned by arbitration, litigation, or agreement.

Khaya and Zodwa also referenced a recent case that highlights how South African courts approach jurisdictional challenges to the enforcement of adjudicators’ decisions.

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