The claims by Stellenbosch University (SU) against Mr JW Roux and Mr JC de Beer were referred to arbitration in May 2019 by agreement between the parties.  The unanimous award by the Arbitration Appeal Tribunal panel of three, published today, dismissed appeals by both Mr Roux and Mr De Beer against the award made in favour of SU in December 2020 by the single arbitrator.  

The arbitration proceedings flowed from a summons issued by SU in the Western Cape Division of the High Court of South Africa on 19 June 2015. In this summons the University claimed damages from Jurie Wynand Roux, the first defendant and Johannes Christiaan de Beer, the second defendant, on grounds that they had breached their employment contracts with the University and had caused loss to the University. A second claim against De Beer related to a claim that he had undertaken to pay a sum of money to the University, to compensate for part of the loss caused.

The main points of the award by the Arbitration Appeal Panel are:

• Roux must pay the University the sum of R37 116 402 plus interest from the date of service of summons.
• De Beer must pay the University the sum of R1 904 511 plus interest from the date of service of summons.
• Roux and De Beer must also pay the University's legal costs, with De Beer held responsible for only a percentage of the SU legal costs from the start of the arbitration hearing and the appeal.

In terms of the provisions of the arbitration agreement between the parties, the entire record of the arbitration proceedings is confidential, unless the parties agree otherwise in writing, but the existence of the arbitration and the final arbitration award (click here) is not confidential.

“SU is pleased that this matter has been successfully concluded, with awards in its favour on all its claims.  These claims arose from SU's commitment to good corporate governance," said Prof Stan du Plessis, Chief Operating Officer of SU.

END