MPUMALANGA
RETAIL
LIQUOR LICENSE
Current
Holder:
Prospective Holder:
Licentia Mpumalanga
(Pty) Ltd
Address:
34 Louws Creek Street, Aerorand, Middelburg, Mpumalanga, 1050
Cell: +27
76 220 3689 / +27 82 899 8445/ +27 82 898 0890
E-Mail:
freedom@licentia.co.za / midwit@licentia.co.za / finance@licentia.co.za
Page
5
of
12
Copyright © 2026 Licentia Franchise SA (Pty)
Ltd | All rights reserved
4.
Dispute Resolution
4.1
Save as otherwise specifically provided for
in this agreement, should a dispute of whatsoever nature, whether directly or indirectly,
arise
out of
or in connection with
this agreement, including any dispute as to the existence, validity, enforceability, interpretation,
application, or
implementation,
breach, termination, or cancellation of this agreement or as to the parties rights and/or
obligations in terms of this agreement,
then either party
shall be entitled to require, by wrien notice to the other, that the dispute be submied to
arbitration in terms of this clause
and the prevailing
arbitration laws with the understanding that Licentia Franchise SA (Pty) Ltd shall have the right,
irrespective of any pending
arbitration, to
immediately claim payment of any Remuneration and/or Professional Fee applicable to this agreement.
4.2
The arbitrator shall be a suitably qualified
independent person, appointed by Licentia Franchise SA (Pty) Ltd, provided that if the Current
Holder
and/or Prospective Holder do not within 3
(Three) business days on which arbitration is requested, agree in writing as to the nature of the
dispute
as well as the identity
of the arbitrator,
Licentia Franchise SA (Pty) Ltd may issue a
notice to the defaulting party indicating that arbitration will
not be used as a Dispute Resolution, but
that Licentia Franchise Sa (Pty) Ltd will have the right to institute proceedings in a court having
jurisdiction in this
maer.
4.3
The arbitration shall
be held at a venue and in accordance with formalities and/or procedures determined by the arbitrator
and may be held in an
informal and summary
manner on the basis that it shall not be necessary to observe or carry out the usual formalities or
procedures, pleadings
and /or discovery, or the
strict rules of evidence.
4.4
The
arbitrator shall have the power to, *inter alia:
*Definition: Inter alia - (in-tur eh-lee-ah)
prep. Latin for "among other things." This phrase is oſten found in legal pleadings and writings to
specify
one example out of many
possibilities.
4.4.1
investigate, or cause
to be investigated, any maer, fact, or thing that he, in his sole discretion, considers necessary
or desirable in
connection with the
dispute and shall for that purpose have the widest power of investigation over all the books and
records of
either party in the dispute,
including the right to make copies or make extracts therefrom and the right to have such copies
and/or
delivered
at any reasonable place required by him for the aforesaid purpose;
4.4.2
summon as
a witness any person who may be able to give relevant evidence, with the understanding that each
party shall undertake
to use all reasonable
means to procure the aendance, when summoned, of any witness employed by or otherwise under its
control;
4.4.3
to interview, question,
and cross-examine under oath the representatives of either of the parties;
4.4.4
to
decide the dispute according to what he considers just and equitable in the circumstances;
4.4.5
to
record evidence;
4.4.6
to make such an award as he, in his
discretion, may deem fit and appropriate, including a temporary or final award, an award for
cost, specific
performance, and interdict, rule nisi, declaratory order, damages, or a penalty or otherwise,
provided that should the
arbitrator fail to make
an award with cost, the cost of the arbitration shall be born by the party found to be in default.
4.5
The arbitration shall be held as quickly as
possible aſter a request, therefore, with a view to the same being completed within 30 (Thirty) days
aſter it has been so
requested.
4.6
Once the arbitrator has been nominated as
above, Licentia Franchise SA (Pty) Ltd shall be entitled to call upon the arbitrator to fix a date
and
place for the arbitration proceedings to be
held and to sele the procedure and manner in which the arbitration will be held.
4.7
It is
hereby agreed that any awards made by the arbitrator;
4.7.1
shall be final and
binding;
4.7.2
shall be given the
appropriate effect; and
4.7.3
may be made an order of the appropriate
court having jurisdiction over the parties and/or the dispute.
4.8
Notwithstanding
anything to the contrary contained in this clause, either party shall be entitled to apply for an
interdict or injunctive relief from
any competent court
having jurisdiction.
4.9
It is
hereby expressly, mutually agreed that the party in default shall be liable for the legal costs of
the innocent party, including the cost of
arbitration, on an aorney and client scale,
including a 10% collection commission as well as tracing fees where applicable.
4.10
This clause 4 and all its sub-clauses are
severable from the rest of this agreement and shall remain of full force and effect notwithstanding
the
termination of this agreement.
5.
Breach
5.1
If Licentia Franchise
SA (Pty) Ltd issues a notice to the defaulting party, that arbitration shall not be used as a
dispute resolution (as per Clause 4.2
above), and institutes
court proceedings, the aggrieved party may give the defaulting party 7 (Seven) days wrien notice to
remedy the breach,
failing which the
parties will have the right, without prejudice to his rights in law, to act as set out below.
5.2
If the aggrieved party,
Licentia Franchise SA (Pty) Ltd may aſter the Current Holder and/or Prospective Holder fail to remedy
the default aſter
receipt of the notice,
at his option without prejudice to his rights in law:-