Semantis Law Reports

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Dombo Community and Others v Tshakhuma Community Trust and Others (795/2024) [2026] ZASCA 118 (11 September 2026)

Administrative Law — Review — Decision of the Regional Land Claims Commission — Application for leave to appeal against the Land Claims Court's ruling that the acceptance of the Dombo Community claim was unlawful — Court finding that the RLCC's prior decision to accept the Tshakuma Community claim remained extant and unchallenged, rendering the subsequent acceptance of the Dombo claim unlawful — Leave to appeal dismissed with costs.

Administrative Law
Score: 60

Echard v Road Accident Fund (6678/2023) [2026] ZAWCHC 507 (11 September 2026)

Delict — Road Accident Fund — General damages — Plaintiff sustaining severe injuries in a motor vehicle accident — Defendant admitting 100% liability — Dispute over quantum of general damages with Plaintiff claiming R1,200,000 and Defendant contending R800,000 — Court finding Plaintiff's claim substantiated by expert evidence and awarding R1,200,000 in general damages with interest if not paid within 180 days.

Personal Injury
Score: 60

Ndlovu and Others v S (AR 212/2025) [2026] ZAKZPHC 93 (11 September 2026)

Criminal Law — Appeal — Convictions for murder, attempted murder, and kidnapping — Appellants challenging convictions based on the credibility of a single eyewitness — Court finding that the regional magistrate correctly accepted the eyewitness's evidence as credible and reliable — Appeals of first and second appellants against convictions on count 5 upheld, while other convictions and sentences confirmed — Sentences adjusted to run concurrently.

Criminal Law
Score: 60

Ralfe N.O and Others v Mabile N.O and Others (JR1021/22) [2026] ZALCJHB 310 (11 September 2026)

Labour Law — Review of arbitration award — Application for review of CCMA award regarding unfair dismissal — Applicant contending that commissioner misconceived onus of proof, failed to consider material evidence, and did not resolve factual disputes — Court finding that the commissioner correctly applied the onus of proof and that the award was reasonable and supported by evidence — Review application dismissed.

Labour Law
Score: 60

La Poorta and Another v Apostolic Faith Mission of South Africa (Leave to Appeal) (2026/186634) [2026] ZAWCHC 506 (11 September 2026)

Possession — Mandament van spolie — Distinction between possession and mere detention — Applicants, acting as employees and trustees, claimed possession of a building — Respondents contended applicants were mere detentors without possessory rights — Court finding that applicants exercised effective control and derived benefit from their activities on the property — Leave to appeal refused as no reasonable prospect of success established.

Land and Property Law
Score: 57

Mizingoiu v Commission for Conciliation, Mediation and Arbitration and Others (C234/2023) [2026] ZALCCT 154 (11 September 2026)

Labour Law — Review application — Jurisdiction — Applicant seeking to review arbitration award of dismissal — Review application filed late without condonation application — Court finding it lacks jurisdiction to entertain the review — Application struck from the roll with no order as to costs.

Labour Law
Score: 50

Adams v Commission for Conciliation Mediation and Arbitration and Others (C461/2023) [2026] ZALCCT 156 (11 September 2026)

Labour Law — Review Application — Jurisdiction of CCMA — Applicant sought to challenge the refusal to shortlist him for a lower-level position, claiming unfair labour practice related to promotion under Section 186(2)(a) of the LRA — The arbitrator found that the dispute did not involve a promotion as the position applied for was of lower rank — Second Respondent confirmed that the CCMA lacked jurisdiction to hear the dispute — Review application dismissed as the awards were found to be correct and unassailable.

Labour Law
Score: 45

Department of Infrastructure, Western Cape v Van Staden (Leave to Appeal) (20111/2012) [2026] ZAWCHC 508 (11 September 2026)

Condonation — Application for leave to appeal — Applicant seeking leave to appeal against judgment holding it liable for damages from motorcycle accident — Application dismissed due to failure to comply with Uniform Rule 49(1)(b) — Grounds of appeal not clearly articulated, resulting in a structurally flawed application — Court emphasizing the necessity for clarity and conciseness in appeal applications.

Civil Procedure
Score: 45

Mabelane CPA Concerned Group v Erstwhile Executive Committee of the Mabelane Communal Property Association and Others (2026-218509) [2026] ZAMPMBHC 109 (11 September 2026)

Administrative Law — Communal Property Associations — Legality interdict — Applicant seeking final interdict to prevent First Respondent from holding an AGM — Court finding that the First Respondent acted ultra vires after the expiry of their term — AGM not validly constituted as proper authorization was not presented — Interdict granted to prevent the AGM from proceeding.

Administrative Law
Score: 45

Thaise and Others v Minister of Police (868/2016) [2026] ZAFSHC 436 (11 September 2026)

Delict — Unlawful arrest and detention — Eight plaintiffs arrested without warrants on suspicion of murder — Claims for damages dismissed — Court finding that the defendant failed to establish reasonable suspicion for the arrests as required by s 40(1)(b) of the Criminal Procedure Act 51 of 1977 — Evidence insufficient to justify the arrests, leading to dismissal of claims.

Delict
Score: 45

Brinks Southern Africa v Frese (2026/163226) [2026] ZALCJHB 311 (11 September 2026)

Restraint of Trade — Employment — Enforceability of restraint of trade agreement — Applicant seeking to enforce restraint against respondent who intended to join competitor — Respondent's employment outside of Africa not sufficient to avoid breach of restraint obligations — Court finding that respondent's role would likely involve influence over African operations, thus breaching the restraint agreement.

Employment Law
Score: 40

Noto v Van Rhyn J and Others (JSC/251/09/2025) [2026] ZAJSC 44 (11 September 2026)

Judicial Conduct — Complaint against judges — Complainant appealing summary dismissal of complaint regarding sentencing and trial fairness — Complaint dismissed on grounds of lack of jurisdiction of the Judicial Conduct Committee to entertain matters related to judicial decisions — Appeal dismissed as the grounds of complaint pertain to judicial orders and not judicial conduct.

Judicial Conduct
Score: 40