Sasol Infrachem v Daniel Sefafe (JA58/12) [2014] ZALAC 54; [2015] 2 BLLR 115; (2015) 36 ILJ 655; [2014] JOL 32439 (LAC) (21 October 2014) per Coppin AJA [Tlaletsi DJP and Molemela AJA concurring]

LAC summary: Appeal disallowed.  Review of arbitration award- Condonation for the late filing of record granted.  Reasonable apprehension of bias- arbitrator failing to disclose business interests with employer and recuse herself from the arbitration proceedings.  Test of reasonable apprehension of bias restated.

Two stage inquiry into whether arbitrator bias in not disclosing his/her interests in one party.  Arbitrator should first enquire whether to disclose his/her interests with one of the parties.

The second leg of enquiry is whether a reasonable, objective and informed person would on the facts reasonably apprehend bias.

Evidence showing that arbitrator shareholder of a company doing business with appellant- a reasonable litigant would reasonably apprehend bias on the part of the arbitrator – failing to disclose such relationship and recuse herself from the proceedings vitiated the entire proceedings before her-

[1] This is an appeal against the judgment and order of the Labour Court (“Boda AJ”), in terms of which an award of the third respondent (“the arbitrator”), acting under the auspices of the second respondent, was set aside in its entirety and the matter was referred back to the second respondent for a fresh hearing before a different arbitrator.  The Labour Court granted the appellant leave to appeal to this Court.