Semantis Law Reports

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Stemmett v Road Accident Fund (4828/2014) [2026] ZAFSHC 425 (7 September 2026)

Damages — Loss of earnings — Plaintiff claiming damages for loss of earnings due to injuries sustained in a motor vehicle accident — Defendant conceding liability but disputing contingency deductions — Court determining appropriate contingency deductions of 8% for uninjured and 45% for injured scenarios based on actuarial calculations — Plaintiff entitled to payment of calculated loss of earnings and costs.

Personal Injury
Score: 55

ABSA Bank Limited and Another v Mulaudzi. (2022/005106) [2026] ZAGPJHC 1018 (7 September 2026)

Summary Judgment — National Credit Act — Enforcement of credit agreement — Applicants seeking summary judgment for outstanding debt under mortgage agreement — Respondent claiming non-receipt of s 129 notice and disputing default — Court finding that statutory delivery of notice was not sufficiently established by applicants — Summary judgment refused pending compliance with statutory requirements.

Civil Procedure
Score: 45

Afgri Grain Marketing v De Vries NO and Others (24550/2024) [2026] ZAWCHC 485 (7 September 2026)

Summary Judgment — Grain purchase agreement — Applicant seeking summary judgment for alleged overpayment to Trust — Respondents disputing existence of agreement and suretyship — Court finding bona fide defences and triable issues disclosed by respondents — Summary judgment refused and leave to defend granted.

Civil Procedure
Score: 45

Bidserve Industrial products (Pty) Ltd ta Gfox and Co v Commission for Conciliation, Mediation and Arbitration and Others (JR1605/19) [2026] ZALCJHB 319 (7 September 2026)

Labour Law — Rescission of court order — Application for rescission of order dismissing review application for unfair dismissal — Applicant not receiving notice of set down due to incorrect email address — Court finding that order was erroneously made in absence of Applicant — Rescission application granted.

Labour Law
Score: 45

Fitzpatrick and Another v Latsky NO and Others (Leave to Appeal) (13451/2017) [2026] ZAWCHC 483 (7 September 2026)

Leave to appeal — Superior Courts Act 10 of 2013 — Application for leave to appeal against judgment granting absolution from the instance — Plaintiffs failing to demonstrate reasonable prospects of success or compelling reasons for appeal — Notice of application containing excessive and repetitive grounds — Court finding no prima facie case established and dismissing application for leave to appeal.

Civil Procedure
Score: 45

Labour Association Workers Union obo February and Others v APL Cartons (Pty) Ltd and Others (2025/084497) [2026] ZALCCT 149 (7 September 2026)

Labour Law — Review application — Reinstatement of review application deemed withdrawn under rule 37(15) — Applicant seeking condonation for late filing of transcribed record — Court finding that a complete record was delivered by the CCMA on 19 August 2025, triggering the 60-day period for filing — Delay in filing transcriptions explained but deemed insufficient for reinstatement — Application for reinstatement treated under rule 37(18) and dismissed.

Labour Law
Score: 45

Zamaghobholi t/a Zamagobholi CC v First Randbank Limited t/a Wesbank and Another (2026-155432) [2026] ZAMPMHC 61 (7 September 2026)

Execution — Stay of execution — Default judgment — Applicant seeking stay of execution of a warrant of repossession following a default judgment granted by the registrar — Applicant contending that the default judgment is not a valid court order due to lack of endorsement — Court finding that the registrar's judgment is valid and capable of execution — Application for stay of execution dismissed.

Civil Procedure
Score: 45

Fetakgomo Tubatse Local Municipality v KIPP Consulting (Pty) Ltd and Others (Leave to Appeal) (137492/25) [2026] ZAGPPHC 975 (7 September 2026)

Arbitration — Leave to appeal — Application for leave to appeal against judgment setting aside arbitrator's award — Court finding no reasonable prospect of success on appeal — Grounds of appeal considered and dismissed — Application for leave to appeal dismissed with costs.

Civil Procedure
Score: 40

Higgins v Waenhuiskrans/Arniston Ratepayers Association and Others (24218/2024) [2026] ZAWCHC 504 (7 September 2026)

Mootness — Declaratory relief — Applicant seeking declaration of unlawful removal from Executive Committee of Waenhuiskrans/Arniston Ratepayers Association — Court finding that the matter had become moot as the applicant's term expired and he did not stand for re-election — Jurisdictional requirements for declaratory relief not met — Applications for amendment and supplementary affidavit refused, and main application dismissed with costs.

Civil Procedure
Score: 40

Itec As (Pty) Ltd v Ngwane N.O and Others (A2025/076421) [2026] ZALAC 37 (7 September 2026)

Labour Law — Unfair dismissal — Review of arbitration award — Employee dismissed for theft of scrap material — Arbitrator finding dismissal substantively unfair — Labour Court dismissing employer's review application — Labour Appeal Court upholding Labour Court's decision, finding no reviewable irregularity in the arbitrator's award and confirming that the employer failed to prove the fairness of the dismissal.

Labour Law
Score: 40

Dinginto v Commission for Conciliation, Mediation and Arbitration and Others (C54/2024) [2026] ZALCCT 158 (7 September 2026)

Labour Law — Review of arbitration award — Application to review and set aside an arbitration award finding dismissal for gross dishonesty fair — Applicant alleged failure to disclose vaccination of children without consent — No grounds for review established — Court upholding the arbitration award as reasonable and justifiable.

Labour Law
Score: 35

Mangaru v Transnet National Ports Authority and Others (JR180/23) [2026] ZALCJHB 302 (7 September 2026)

Labour Law — Review of arbitration award — Applicant seeking to set aside arbitration award finding dismissal substantively fair but procedurally unfair — Application for condonation for late filing of review application — Court finding applicant failed to provide satisfactory explanation for delay and prospects of success insufficient — Condonation application dismissed.

Labour Law
Score: 35