Semantis Law Reports

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Cwaicwai v S (A20/2025) [2026] ZAGPPHC 1019 (10 September 2026)

Criminal Law — Appeal — Identification evidence — Appellant convicted of housebreaking and robbery — Appeal against conviction on grounds of insufficient identification evidence — Witnesses providing contradictory accounts regarding whether appellant's face was covered during the robbery — Court finding that the state failed to prove identification beyond reasonable doubt — Conviction and sentence set aside.

Criminal Law
Score: 60

Ex parte: NOVA Propgrow Group Holdings Limited (CT02940/ADJ/2026) [2026] COMPTRI 113 (10 September 2026)

Companies — Annual General Meeting — Extension of time to convene AGM — Applicant seeking extension under section 61(7)(b) of the Companies Act 71 of 2008 — Previous extension granted until 27 September 2026 — Delay due to auditors not finalising audit report — Tribunal satisfied that applicant showed good cause for further extension until 25 November 2026 — Application granted.

Company Law
Score: 60

Sibanye Rustenburg Platinum Mines (Pty) Ltd v Commission for Conciliation Mediation and Arbitration and Others (JR1610/24) [2026] ZALCJHB 309 (10 September 2026)

Labour Law — Dismissal — Substantive and procedural fairness — Third Respondent dismissed for negligence leading to fatality — Court finding that Third Respondent breached safety standards by not ensuring qualified personnel handled the situation — Dismissal deemed substantively fair as Third Respondent's actions constituted a serious offence — Procedural fairness upheld as the disciplinary process was consistent with company policies.

Labour Law
Score: 60

Wallace N.O and Another v Renewonline (Pty) Ltd (2025-074701) [2026] ZAGPPHC 1027 (10 September 2026)

Companies — Winding-up — Summary judgment — Application for summary judgment by liquidators for repayment of void dispositions under section 341(2) of the Companies Act 61 of 1973 — Payments made after commencement of winding-up deemed void — Defendant claiming payments were not dispositions of its property but made as an agent — Court finding payments constituted dispositions and granting summary judgment for repayment of Claim B, with leave to defend Claim A.

Insolvency Law
Score: 57

C.M.N v N.N (2025/177461) [2026] ZAGPJHC 1045 (10 September 2026)

Civil Procedure — Discovery — Interlocutory application to compel discovery — Applicant alleging Respondent's discovery affidavit deficient and non-compliant with Rule 35 — Respondent's late filing of answering affidavit and request for condonation — Court granting condonation due to limited prejudice to Applicant and importance of matter — Respondent's failure to provide relevant documents as required by Rule 35(3) — Court finding pattern of non-compliance and granting order compelling further discovery.

Civil Procedure
Score: 55

G.C v V.C (2025/115702) [2026] ZAGPJHC 1061 (10 September 2026)

Costs — Security for costs — Application for security for costs in main application — Applicant alleging respondent is a peregrinus and main application is vexatious — Court dismissing application for security, finding it an abuse of process — Condonation granted for late delivery of answering affidavit — Costs awarded against applicant on attorney and client scale.

Civil Procedure
Score: 55

G.P. obo N.P v Member of Executive Council for Health, Gauteng Province (2014/34461) [2026] ZAGPJHC 1047 (10 September 2026)

Civil Procedure — Discovery — Rule 35(3) — Applicant seeking further discovery of documents from the Respondent in medical negligence case — Respondent objecting on grounds of relevance and breadth of request — Court determining that requested documents must be relevant to issues raised in pleadings and not constitute a fishing expedition — Application for further discovery partially granted, with limitations on scope.

Civil Procedure
Score: 55

MEC for Health: Gauteng Province and Another v Mofutsana and Others (2025-039060) [2026] ZAGPPHC 1060 (10 September 2026)

Administrative Law — Review of administrative action — Applicants seeking to review and set aside a default judgment granted in breach of procedural safeguards and outside jurisdiction — Court finding that the first respondent failed to exhaust internal remedies under the Pension Funds Act before seeking relief — Order set aside as ultra vires and null and void.

Administrative Law
Score: 55

Ngwenyama v Minister of Police and Another (2026/020889) [2026] ZAMPMBHC 108 (10 September 2026)

Unlawful Arrest and Detention — Malicious Prosecution — Plaintiff suing for damages after being unlawfully arrested and detained for over 17 years — Defendants failing to defend against claims — Court granting default judgment in favor of the plaintiff for unlawful arrest and detention, but denying malicious prosecution due to lack of evidence on malice and instigation of prosecution.

Civil Procedure
Score: 55

Tladi v Mekgoe (2026-089305) [2026] ZAGPPHC 1042 (10 September 2026)

Defamation — Interdict — Application for leave to appeal against final interdict restraining publication of defamatory statements — Court finding urgency justified due to ongoing harm — Requirements for final interdict established, including absence of satisfactory alternative remedy — Application for leave to appeal dismissed as lacking reasonable prospect of success.

Media Law
Score: 55

Maposa v Director of Public Prosecutions Gauteng Division and Others (CC11/2021) [2026] ZAGPPHC 1035 (10 September 2026)

Criminal Procedure — Delay in prosecution — Application for permanent stay of prosecution — Applicant seeking to stay criminal trial due to alleged unreasonable delay — Court finding that the application must be brought before the trial court where proceedings are pending — No exceptional circumstances justifying the application in the current court — Application dismissed.

Criminal Procedure
Score: 45

Mentza and Others v Minister of Police (Appeal) (A301/2025) [2026] ZAWCHC 511 (10 September 2026)

Criminal Procedure — Unlawful arrest and detention — Appeal against dismissal of claim for unlawful arrest — Appellants alleging lack of reasonable suspicion for arrest under section 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Court finding that the arresting officer had reasonable suspicion based on evidence collected during investigation — Appeal dismissed with costs.

Criminal Procedure
Score: 45