Semantis Law Reports

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Koko v Mont Tremblant Estate Homeowners Association (Application for Leave to Appeal) (2026/111982) [2026] ZAGPJHC 1037 (8 September 2026)

Appeal — Leave to appeal — Requirements for leave to appeal under Section 17(1)(a) of the Superior Courts Act 10 of 2013 — Applicant seeking leave to appeal against dismissal of application for urgency and merits — Court finding that refusal to condone non-compliance with rules does not preclude appeal where merits were considered — Urgency of spoliation application assessed — Court determining that access rights are incidents of possession and may be protected by spoliation application — Conflicting judgments on access rights necessitating clarity.

Civil Procedure
Score: 67

Bellstedt v Trustees for the time being of the Bellstedt Family Trust and Others (2025/249106) [2026] ZAWCHC 489 (8 September 2026)

Trusts — Trustee conduct — Loan account — Second respondent claiming repayment from the Bellstedt Family Trust without valid authority — Court finding no contemporaneous evidence supporting the existence of a loan account — Resolution passed in conflicted circumstances and set aside — Condonation for late filing of affidavit granted.

Trusts and Estates
Score: 65

Delport v S (Sentence Appeal) (A35/2026) [2026] ZAWCHC 490 (8 September 2026)

Criminal Law — Sentence — Appeal against life imprisonment for rape of an eleven-year-old girl — Appellant contending that substantial and compelling circumstances existed for a lesser sentence — Previous conviction for similar offence and commission of the crime while on parole — Court finding no material misdirection by the sentencing court and confirming life sentence as appropriate given the gravity of the offence and the need to protect children.

Criminal Law
Score: 65

Purple Fountain Properties 59 (Pty) Ltd and Another v City of Johannesburg and Others (2024/078179) [2026] ZAGPJHC 1054 (8 September 2026)

Property Law — Unlawful occupation — Constitutional claim for deprivation of property rights — Purple Fountain Properties alleging arbitrary deprivation of property rights due to prolonged stay of eviction proceedings by the City of Johannesburg — Court finding that the City’s delay constituted an arbitrary deprivation of property rights under section 25(1) of the Constitution — Compensation awarded for the period of deprivation from 2011 to 2018.

Land and Property Law
Score: 65

S v W.D.J (Review) (112/2026 ; 122/2026) [2026] ZAWCHC 518 (8 September 2026)

Criminal Procedure — Review — Sentencing of child offender — Accused sentenced to correctional supervision under s 276(1)(h) of CPA — Court finding that the sentence imposed did not comply with the Child Justice Act 75 of 2008 — Irregularities in plea statement and failure to clarify inconsistencies — Conviction and sentence set aside, matter remitted for trial de novo before another magistrate.

Criminal Procedure
Score: 65

Access Bank (South Africa) Limited v De Vos N.O (Senior) and Another (2025-134472) [2026] ZANCHC 79 (8 September 2026)

Insolvency — Provisional sequestration — Application for provisional sequestration of the De Vos Boerdery Trust under the Insolvency Act 24 of 1936 — Applicant establishing locus standi and liquidated claim — Trust bound as surety and co-principal debtor — Principal debtor under business rescue — Statutory moratorium does not afford surety a defence — Court finding factual insolvency and that sequestration will benefit creditors — Provisional sequestration granted.

Insolvency Law
Score: 62

Tsebane v Maimane N.O and Others (JR179/22) [2026] ZALCJHB 303 (8 September 2026)

Labour Law — Review of arbitration award — Application for review of CCMA award regarding dismissal of employee for gross misconduct — Employee failing to attend disciplinary hearing and subsequently dismissed — Commissioner finding dismissal substantively and procedurally fair — Court upholding the commissioner's decision, finding no grounds for review as the decision was reasonable based on the evidence presented.

Labour Law
Score: 62

ABSA Home Loans Guarantee Company (RF) Proprietary Limited and Another v Phillips (5563/2024) [2026] ZANWHC 233 (8 September 2026)

National Credit Act — Default judgment — Application for Rule 46A declaration — Plaintiffs seeking to execute against defendant's home based on indemnity bond — Court finding that indemnity structure bypasses consumer protections under the Act — Application for default judgment and execution refused as AHLGC's claim does not arise from a registered credit agreement.

Consumer Protection
Score: 60

Department of Correctional Services v Kgowe and Others (2026/178344) [2026] ZALCJHB 306 (8 September 2026)

Labour Law — Unfair dismissal — Review of settlement agreement — Department of Correctional Services seeking to review a settlement agreement that reinstated employees after misconduct charges — Court finding the settlement was concluded unlawfully and set aside — Employees' unfair dismissal dispute remitted for expedited arbitration — Application for leave to appeal dismissed, but Department sought to prevent execution of the judgment pending appeal — Court ruling that the Department could not seek to lift a suspension that had not yet arisen.

Labour Law
Score: 60

Globacon (Pty) Ltd v National Lotteries Commission (AR74/2025; D6912/2022) [2026] ZAKZPHC 89 (8 September 2026)

Arbitration — Consent order — Interpretation of consent order regarding appointment of arbitrator — Appellant contending that court a quo misinterpreted the order by requiring a statement of claim prior to appointment — Court finding that appellant complied with the order by requesting appointment within stipulated time — Appeal upheld and order of court a quo set aside.

Civil Procedure
Score: 60

Riga v Voltex (Pty) Ltd (2023/049662) [2026] ZAGPJHC 994 (8 September 2026)

Employment Law — Wrongful dismissal — Protected Disclosures Act — Employee claiming wrongful dismissal after reporting audit irregularities — Claim initially based on breach of contract, later amended to claim occupational detriment under the Protected Disclosures Act — Court determining whether the amended claim constituted a different debt for prescription purposes — Finding that the nature of the debt remained the same despite the change in legal basis for the claim, thus the claim did not prescribe.

Employment Law
Score: 57

SIGC (Proprietary) Limited v 3Sixty Health (Proprietary) Limited and Another (Application for Leave to Appeal) (2024/118405) [2026] ZAGPJHC 1035 (8 September 2026)

Arbitration — Review of arbitration award — Application to set aside award and make it an order of court — Applicant contending that arbitrator exceeded jurisdiction by deciding on issues not covered by pleadings — Court finding that no reasonable prospect of success on appeal established for most grounds, but granting leave to appeal on two grounds related to the approach to pleadings and absence of prejudice — Emphasis on the need for a generous approach to arbitral pleadings and the principle of party autonomy.

Civil Procedure
Score: 57