Semantis Law Reports

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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Labour Law — Review application — Reinstatement of review application deemed withdrawn under rule 37(15) — Applicant seeking condonation for late filing of transcribed record — Court finding that a complete record was delivered by the CCMA on 19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

Settlers Movie (Pty) Ltd v Director-General of the Department of Trade, Industry and Competition and Another (2022-049109) [2026] ZAGPPHC 1012 (7 September 2026)

Administrative Law — Film Incentive — Application for funding — Plaintiff seeking payment of film production incentive after commencing filming without prior approval — Court finding that plaintiff's premature commencement of filming triggered automatic cancellation of the incentive agreement — Plaintiff's failure to comply with stipulated timeframes fatal to its claim — Claim dismissed with costs.

Administrative 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

S v Elistas (SS19/2026) [2026] ZAGPJHC 1055 (7 September 2026)

Criminal Law — Murder and Rape — Accused pleading guilty to murder and rape of a minor — Court accepting guilty plea for murder but rejecting plea for rape due to lack of evidence supporting the accused's version — Court finding the accused guilty of murder and rape based on expert testimony regarding the nature of injuries — Not guilty verdict on additional charge of sexual assault due to insufficient evidence.

Criminal 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

Mangaru v Transnet National Ports Authority and Others (Variation) (JR180/23) [2026] ZALCJHB 301 (7 September 2026)

Labour Law — Review of arbitration award — Applicant seeking to set aside arbitration award for unfair dismissal — Application for condonation for late filing of review application — Court finding that applicant failed to provide satisfactory explanation for delay and did not meet the requirements for condonation — Application dismissed.

Labour Law
Score: 35

Mashinini v Commission for Conciliation Mediation and Arbitration and Others (Application for Leave to Appeal) (JR1733/23) [2026] ZALCJHB 299 (7 September 2026)

Labour Law — Leave to appeal — Application for leave to appeal against dismissal of review application — Applicant failing to meet the stringent threshold set by s 17(1)(a) of the Superior Courts Act 10 of 2013 — Court finding no reasonable prospect of success on appeal — Leave to appeal refused.

Labour Law
Score: 30