Semantis Law Reports

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Motsapi v Road Accident Fund (2890/2024) [2026] ZAMPMHC 63 (3 September 2026)

Evidence — Expert witnesses — Application to adduce expert evidence by affidavit under Rule 38(2) of the Uniform Rules of Court — Plaintiff seeking to use confirmatory affidavits of experts — Court finding that confirmatory affidavits do not satisfy the requirements of Rule 38(2) as they fail to address the evidence sought to be adduced — Application dismissed due to insufficient justification for deviation from oral evidence norm.

Evidence
Score: 45

Ntuta v Minister of Home Affairs and Others (017733/2022) [2026] ZAGPPHC 977 (3 September 2026)

Immigration Law — Permanent residence — Application for default judgment — Applicant seeking declaration of permanent residency after being declared a prohibited person due to possession of a fraudulent ID — Court finding that the applicant failed to challenge the validity of the prohibited person declaration — Court holding that the applicant's permanent residence permit remains valid until set aside, and the application for default judgment cannot succeed without addressing the existing administrative action.

Immigration Law
Score: 45

Shoroma v Road Accident Fund (1714/2024) [2026] ZAMPMHC 65 (3 September 2026)

Delict — Road Accident Fund — Special plea — Plaintiff claiming damages for past and future loss of earnings following a motor vehicle accident — Defendant raising special plea of non-compliance with Section 24 of the Road Accident Fund Act — Court finding that failure to specify a head of damage in the claim form does not bar the plaintiff from claiming it in court, provided it arises from the same cause of action — Special plea dismissed.

Delict
Score: 45

Thimba v Road Accident Fund (66/2024; A2026-049216) [2026] ZAMPMBHC 102 (3 September 2026)

Road Accident Fund — Settlement Agreement — Res Judicata — Appellant appealing dismissal of claim for loss of earnings after accepting settlement offer from Respondent — Court a quo finding that settlement constituted full and final settlement of all claims, including loss of earnings — Appeal dismissed as the settlement agreement was binding and precluded further claims.

Personal Injury
Score: 45

Molahloe v Minister of Police (2746/2024) [2026] ZAFSHC 420 (3 September 2026)

Unlawful arrest and detention — Assault by police officers — Plaintiff claiming damages for unlawful arrest and assault — Defendant denying assault and asserting lawful arrest based on reasonable suspicion of drunken driving — Court finding plaintiff's version less credible than defendant's — Claim dismissed with costs.

Civil Procedure
Score: 40

Enernet Africa (Pty) Limited v Ironveld Smelting (Pty) Ltd (2024/109949) [2026] ZAGPJHC 983 (3 September 2026)

Appeal — Leave to appeal — Application for leave to appeal against order compelling production of documents — Respondent failing to demonstrate reasonable prospects of success on appeal — Court finding no compelling reasons for leave to appeal to be granted — Leave to appeal refused with costs.

Civil Procedure
Score: 30

Ered v Minister of Home Affairs and Another (Reasons) (2026/163100) [2026] ZAGPJHC 970 (2 September 2026)

Immigration Law — Asylum Seekers — Detention — Applicant, an asylum seeker, detained under Immigration Act after indicating intention to apply for asylum — Constitutional Court ruling in Scalabrini Centre of Cape Town v Minister of Home Affairs invalidating provisions that allowed detention pending good cause interview — Court ordering immediate release of applicant as detention unlawful once intention to apply for asylum expressed — Legal framework reverted to pre-amendment state, requiring release upon indication of asylum application.

Immigration Law
Score: 80

CME Plant CC v Commission for Conciliation, Mediation and Arbitration and Others (JR1802/22) [2026] ZALCJHB 287 (2 September 2026)

Labour Law — Unfair dismissal — Review of arbitration award — Employee claiming unfair dismissal after being allegedly assaulted and dismissed without a hearing — Commissioner finding dismissal was both substantively and procedurally unfair — Award of 12 months' compensation upheld as reasonable — Court confirming jurisdictional fact of dismissal established and compensation award within bounds of reasonableness.

Labour Law
Score: 70

Merchants SA (Pty) Ltd v Merchants Hub (Pty) Ltd and Anther (CT02831ADJ2026) [2026] COMPTRI 106 (2 September 2026)

Company Law — Name objection — Confusing similarity — Applicant seeking to prevent First Respondent from using name 'MERCHANTS HUB (PTY) LTD' — Applicant holding registered trade marks for 'MERCHANTS' and demonstrating substantial reputation — Tribunal finding name confusingly similar under section 11 of the Companies Act 71 of 2008 — Default judgment granted in favor of Applicant, directing name change.

Company Law
Score: 70

Musselwhite v South African Legal Practice Council and Others (2025/232168) [2026] ZAWCHC 464 (2 September 2026)

Admission — Foreign legal qualifications — Recognition and equivalence — Applicant holding foreign law degrees seeking admission as an advocate — Respondents contending degrees do not meet equivalency requirements — Court finding that applicant's qualifications exceed South African LLB standards and satisfy both recognition and equivalence requirements under the Legal Practice Act — Application granted for admission as an advocate.

Legal Practice
Score: 70

S v Hashim ; S v Mbanza ; S v Mkwana ; S v Samba ; S v Kome ; S v Islam (Review) (92/2025 ; 30/2026 ; 97/2025 ; 89/2025 ; 29/2026 ; 176/2026) [2026] ZAWCHC 467 (2 September 2026)

Immigration Law — Deportation Orders — Magistrates’ Court lacking authority to order deportation upon conviction for contravening section 49(1)(a) of the Immigration Act 13 of 2002 — Court confirming convictions but setting aside deportation orders made by magistrates — Distinction between criminal liability and deportation under the Act emphasized.

Immigration Law
Score: 70

S v Nkune and Another (Sentence) (CC41/2024) [2026] ZAGPPHC 1045 (2 September 2026)

Criminal Law — Sentencing — Minimum sentences — Accused convicted of multiple serious offenses including murder and robbery — Court applying minimum sentences as prescribed by the Criminal Law Amendment Act — No substantial and compelling circumstances found to deviate from prescribed sentences — Sentences imposed reflect the seriousness of the crimes and the need for public protection.

Criminal Law
Score: 65