Semantis Law Reports

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Domingo v Road Accident Fund (3196/2020) [2026] ZAMPMBHC 112 (16 September 2026)

Road Accident Fund — Settlement offer — Plaintiff's claim for damages arising from a motor vehicle accident — Dispute over acceptance of settlement offer — Plaintiff failing to accept offer within stipulated time frame — Court finding no valid acceptance of settlement and that merits of claim not settled — Claim remains to be proven in respect of both merits and quantum.

Personal Injury
Score: 45

Smit v Roux (Leave to Appeal) (2026/167533) [2026] ZAWCHC 533 (16 September 2026)

Civil Procedure — Joinder — Application for leave to appeal against joinder order — Court finding that joinder of Succession Financial Planning Advisory Services (Pty) Ltd as a respondent was correctly executed in compliance with prior court order — No grounds for appeal established — Application for leave to appeal dismissed with costs on attorney-and-client scale.

Civil Procedure
Score: 45

Kathan and Another v Life Healthcare Holdings Group (Pty) Ltd (9940/2023) [2026] ZAWCHC 527 (16 September 2026)

Appeal — Leave to appeal — Application for leave to appeal against orders granted — Respondents failing to identify appealable grounds — Court finding no reasonable prospects of success on appeal — Leave to appeal refused with costs awarded against respondents.

Civil Procedure
Score: 40

Turner v Road Accident Fund (13465/2023) [2026] ZAWCHC 524 (15 September 2026)

Delict — Road Accident Fund — Quantum — Plaintiff sustaining severe traumatic brain injury resulting in permanent cognitive and behavioural impairment — Expert evidence admitted on affidavit and left unchallenged — Defendant failing to file expert reports or cross-examine — Uncontroverted expert and actuarial evidence accepted — Complete and permanent loss of earning capacity proven — Damages awarded based on actuarial calculations reflecting substantial loss of earnings.

Personal Injury
Score: 70

Federale Stene (Pty) Ltd v Bascrete Ready Mix (Pty) Ltd (1300/2025) [2026] ZAMPMHC 70 (15 September 2026)

Winding-up — Application for winding-up — Respondent disputing existence and due date of debt — Applicant alleging verbal agreement for sale of topsoil with payment due 30 days after invoice — Respondent claiming consignment stock arrangement with payment due only upon sale to third parties — Court finding genuine dispute regarding debt and due date — Application dismissed as winding-up proceedings not to be used for debt collection where bona fide dispute exists.

Insolvency Law
Score: 60

Kafi v S (A117/2024) [2026] ZAFSHC 434 (15 September 2026)

Criminal Law — Appeal — Circumstantial evidence — Appellant convicted of rape, murder, and theft — Appeal dismissed — Court confirming application of circumstantial evidence principles — Appellant's failure to testify and lack of direct evidence linking him to the crimes — Sentences upheld as appropriate given the severity of the offences.

Criminal Law
Score: 55

National Freedom Party v Shinga and Others (2026-126328) [2026] ZAKZPHC 91 (15 September 2026)

Political Parties — Membership — Expulsion — Applicant, National Freedom Party, seeking to declare the expulsion of the first respondent, Cynthia Mbali Shinga, as valid after an internal appeal process — First respondent contending her expulsion was unlawful and seeking interim relief pending further appeal — Court finding that the interim relief previously granted has lapsed and directing the Speaker to declare the seat vacant — Costs awarded against the first and second respondents.

Administrative Law
Score: 55

S v Nkwambe (CC22/2026) [2026] ZAMPMBHC 111 (15 September 2026)

Criminal Law — Murder — Sentencing — Accused convicted of murder after guilty plea — Pre-sentence report and victim impact statements considered — Court emphasizing the seriousness of domestic violence and the need for deterrence — No substantial and compelling circumstances found to deviate from the prescribed life sentence under the Criminal Law Amendment Act 105 of 1997 — Life imprisonment imposed as appropriate sentence.

Criminal Law
Score: 55

M.S.E v C.P.C.E (2025/106683) [2026] ZAWCHC 535 (15 September 2026)

Civil Procedure — Contempt of court — Alleged non-compliance with divorce order — Applicant claiming respondent failed to maintain vehicle and provide furniture — Court finding insufficient evidence of wilfulness or mala fides — Contempt not established — Application dismissed.

Civil Procedure
Score: 45

R.O v M.J.O (461/2025) [2026] ZAMPMBHC 110 (15 September 2026)

Family Law — Divorce — Rule 43 application for interim maintenance — Applicant seeking R 8 500.00 maintenance pendente lite and R 50 000.00 contribution towards divorce costs — Court finding both parties financially capable and determining interim maintenance at R 4 000.00 per month — Applicant failing to substantiate claims for higher maintenance and cost contribution.

Family Law
Score: 45

Cape Peninsula University of Technology v Owen N.O and Others (2026/214642) [2026] ZAWCHC 526 (15 September 2026)

Administrative Law — Interim interdict — Urgent application by Cape Peninsula University of Technology to interdict South African Dental Technicians Council from requesting Minister of Health's consent for suspension of dental technology programme — Court finding lack of urgency and absence of merits for relief sought — Application dismissed with costs.

Administrative Law
Score: 40

Wheeler v S (CC14/2014) [2026] ZAWCHC 529 (15 September 2026)

Criminal Procedure — Leave to appeal — Application for leave to appeal against conviction for rape, sexual assault, and murder — Applicant contending errors in the trial court's acceptance of complainant's evidence and the weight given to medical and DNA evidence — Court finding no reasonable prospect of success on appeal — Application for leave to appeal dismissed.

Criminal Procedure
Score: 40