Semantis Law Reports

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Sibiya v S (Appeal) (A235/2025) [2026] ZAGPPHC 1088 (2 September 2026)

Criminal Law — Sentencing — Appeal against life imprisonment for murder — Appellant convicted of murder, possession of an unlicensed firearm, and unlawful possession of ammunition — Appellant contending that personal circumstances and guilty plea constituted substantial and compelling circumstances for a lesser sentence — Court finding no material misdirection by the Regional Court in imposing life sentence, given the seriousness of the offence and the Appellant's previous murder conviction — Appeal against sentence dismissed.

Criminal Law
Score: 60

Township Economy Regulatory Council of South Africa v Companies and Intellectual Property Commission (CT02843ADJ2026) [2026] COMPTRI 100 (2 September 2026)

Companies — Name reservation — Application for reservation of name 'Township Economy Regulatory Council of South Africa' — CIPC refusing reservation on grounds of potential government association — Tribunal finding CIPC exceeded its powers in refusing name — Tribunal determining name creates reasonable impression of state sponsorship, thus contravening section 11(2)(c)(ii) of the Companies Act — Application for name reservation dismissed.

Company Law
Score: 60

Adcock Ingram Critical Care Proprietary Limited v National Bargaining Council for Chemical Industry and Others (JR142/23) [2026] ZALCJHB 285 (2 September 2026)

Labour Law — Review of arbitration award — Applicant seeking to set aside award finding dismissal of employee unfair — Employee left work early without authorization citing emergency — Commissioner finding justification for breach and that dismissal was too harsh — Court finding that Commissioner failed to consider material dishonesty and evidence contradicting panic — Review application granted, award set aside.

Labour Law
Score: 55

Dawood v ABSA Bank Limited (014523/2022) [2026] ZAGPPHC 974 (2 September 2026)

Civil Procedure — Default judgment — Rescission of default judgment — Applicant seeking rescission of default judgment granted in absence — Court finding that service of summons was not properly executed at the applicant's chosen address — Non-compliance with Practice Manual provisions regarding notice of set down for default judgment — Default judgment rescinded and set aside.

Civil Procedure
Score: 55

Mutwanamba v Moleya and Others (2026-147620) [2026] ZAGPPHC 997 (2 September 2026)

Appeal — Leave to appeal — Urgent interdictory relief — Appellant challenging interim order restraining disposal of deceased estate assets — First Respondent alleging continued possession by Appellant — Court finding urgency established but procedural fairness compromised due to inconsistent notice periods — Leave to appeal granted on grounds of procedural irregularity, but not on merits of the interdict.

Civil Procedure
Score: 55

SB Guarantee Company (RF) Proprietary Limited v Ehirim (2025/036774) [2026] ZAGPJHC 1022 (2 September 2026)

Execution — Summary judgment — Declaration of immovable property executable — Plaintiff seeking summary judgment for outstanding mortgage debt — Defendant failing to present valid defense or dispute the amount claimed — Court granting summary judgment but delaying execution for six months to allow defendant opportunity to sell property voluntarily — Reserve price set for potential sale in execution.

Civil Procedure
Score: 55

Tropic Plastic and Packaging Industry (Pty) Ltd v Lubbe and Others (2026/13095) [2026] ZALCJHB 288 (2 September 2026)

Restraint of trade — Enforcement of restraint of trade agreement — Applicant seeking interdict against former employee for breach of restraint of trade and confidentiality agreement — Employee having signed agreement and received compensation for it — Employee taking up employment with competitor after resignation — Court finding that the restraint was enforceable and that the employee had access to confidential information — Interdict granted to prevent employee from working for competitor and using confidential information.

Employment Law
Score: 55

Bheka Phambili Tyantsi Farming (Pty) Ltd v Department of Land Reform and Rural Development and Others (18176/2024) [2026] ZAWCHC 481 (2 September 2026)

Administrative Law — Lease Agreements — Review of administrative decisions — Applicant challenging the Department's decision to change the leasing regime of state-owned farms — Court finding that the applicant's amendment to introduce a new claim was impermissible as it was not foreshadowed in the founding papers — Application dismissed with costs awarded to the sixth respondent.

Administrative Law
Score: 45

Bottoman v Rossie and Another (17913/2020) [2026] ZAWCHC 465 (2 September 2026)

Delict — Actio de pauperie — Strict liability — Plaintiff claiming damages for injuries sustained from a dog bite — Defendants denying liability, asserting plaintiff's negligence and intoxication — Court ruling that plaintiff established a prima facie case, placing the onus on the defendants to prove their defense — Defendants failing to discharge the burden of proof — Claim dismissed with costs.

Delict
Score: 45

Clare Estate Ratepayers Association v South African National Roads Agency SOC Ltd (SANRAL) and Others (2026-045352) [2026] ZAKZDHC 53 (2 September 2026)

Environmental Law — Urgent application — Clare Estate Ratepayers Association seeking interdict against illegal dumping — Application struck off for lack of urgency — Legal representative ordered to pay costs de bonis propriis — Court finding that urgency was self-created and that the applicant failed to demonstrate immediate harm warranting urgent relief.

Environmental Law
Score: 45

Ehrke v Masstores (Pty) Ltd ta Makro SA Alberton (2022/018737) [2026] ZAGPJHC 1026 (2 September 2026)

Delict — Negligence — Slip and fall incident on premises — Plaintiff claims damages for injuries sustained due to alleged negligence of defendant's employees — Plaintiff slipped on laminated paper on the ground while exiting the store, resulting in multiple injuries — Legal issue revolves around whether the defendant failed to ensure a safe environment for patrons — Court found that the defendant did not take reasonable precautions to prevent the hazardous situation, thus establishing liability for the plaintiff's injuries.

Delict
Score: 45

Mark and Another v Manchip and Others (2025/091919) [2026] ZAWCHC 513 (2 September 2026)

Company Law — Authority of attorney — Dispute regarding authority of attorney to represent company — Applicants challenging validity of board resolution authorising representation — Court finding no personal financial interest as defined in Companies Act 71 of 2008 — Authority of attorney established — Application dismissed.

Company Law
Score: 45