Semantis Law Reports

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M[...] v MEC for the Department of Health, Free State (1826/2023) [2026] ZAFSHC 422 (1 September 2026)

Negligence — Absolution from instance — Application for absolution at close of plaintiff's case — Plaintiff alleging negligence by hospital staff leading to sexual assault while under care — Court finding no evidence of breach of legal duty or reasonable foreseeability of harm — Absolution granted with costs to be paid by plaintiff.

Delict
Score: 40

Nxtgen Student Living (Pty) Ltd v Teejay Properties (Pty) Ltd (044466/26) [2026] ZAGPPHC 996 (1 September 2026)

Insolvency Law — Liquidation — Application for liquidation of Respondent opposed on grounds of procedural irregularity — Respondent seeking postponement from the bar after proceedings commenced — Court finding no good cause for postponement as it was not made timeously and Respondent's own actions led to the situation — Application for postponement dismissed, allowing the liquidation application to proceed.

Insolvency Law
Score: 40

Ndlovu v Matsipa and Others (A215/25) [2026] ZAGPPHC 1071 (1 September 2026)

Civil Procedure — Appeal — Reinstatement of lapsed appeal — Applicant seeking reinstatement and condonation for non-compliance with Rule 49 — Court finding no compliance with procedural requirements and dismissing application — Appeal deemed lapsed due to failure to file notice of appeal and record timeously — No good cause shown for delay in prosecution of appeal.

Civil Procedure
Score: 35

Chambiso v Bester and Others (2411/2025) [2026] ZAFSHC 415 (1 September 2026)

Appeal — Leave to appeal — Application for leave to appeal dismissed — No reasonable prospect of success established — Grounds of appeal not adequately set out — Costs awarded against applicant.

Civil Procedure
Score: 30

Cousins Coal Co (Pty) Ltd and Others v Black Gold Resources (Pty) Ltd (Leave to Appeal) (2026-062889) [2026] ZAGPPHC 970 (1 September 2026)

Appeal — Leave to appeal — Applications for leave to appeal dismissed — Court finding no reasonable prospect of success on appeal — Costs awarded to the respondent, including costs of two counsel — Judgment delivered electronically.

Civil Procedure
Score: 30

Golden Arrows Bus Services (Pty) Ltd v National Union For All Sectors (NUFAS) and Others (2026/189011) [2026] ZALCCT 152 (1 September 2026)

Labour Law — Strike action — Interdict against anticipated strike — Applicant seeking to confirm interim order — Dispute regarding unilateral changes to disciplinary procedures — Court finding that the underlying dispute relates to the interpretation of the Drive-Cam Procedure, which is not a collective agreement — Application for interdict dismissed due to failure to demonstrate a clear right.

Labour Law
Score: 30

Zuma and Another v Chairperson of the Judicial Commission of Inquiry into Allegations Regarding Efforts or Attempts Having Been Made to Stop the Investigation or Prosecution of Truth and Reconciliation Commission Cases and Others (CCT 90/26) [2026] ZACC 34 (31 August 2026)

Judicial Review — Recusal — Application for leave to appeal against High Court ruling regarding recusal of Chairperson of Judicial Commission — Applicants, former Presidents Zuma and Mbeki, alleging bias — Court finding no reasonable apprehension of bias and dismissing recusal application — Appeal partially upheld, High Court order set aside, and application for condonation for late filing refused.

Constitutional Law
Score: 80

Sinclair Gersahn Troskie Construction CC v Member of the Executive Council, Public Works and Infrastructure, Eastern Cape Province and Others (930/2023) [2026] ZAECBHC 17 (31 August 2026)

Administrative Law — Tender Review — Applicant seeking review of public construction tender award — Applicant claiming local-content point not awarded due to incomplete self-score — Court finding that the evaluation process was flawed as the applicant was substantively compliant — Award set aside and remitted for fresh consideration.

Administrative Law
Score: 70

South African Alpha SCP obo Challenger v Uys and Others (20382/2023) [2026] ZAWCHC 459 (31 August 2026)

Company Law — Directors' liability — Reckless trading — Applicant seeking declaration of liability against director for debts of company in liquidation — Evidence from section 417 enquiry establishing reckless conduct and intention to defraud creditors — Court admitting evidence and declaring director liable for debts of Bonfrut (Pty) Ltd — Application to strike out parts of affidavit granted in part, with costs awarded to Applicant.

Company Law
Score: 70

S v Makhavu (SS96/2025) [2026] ZAGPJHC 1003 (31 August 2026)

Criminal Law — Sentencing — Life imprisonment for multiple counts of rape and robbery — Accused pleaded guilty to eleven counts including rape and robbery with aggravating circumstances — Court considering the nature of the crimes, personal circumstances of the accused, and societal interests — No substantial and compelling circumstances found to justify a lesser sentence — Accused sentenced to life imprisonment for each count of rape and additional sentences for robbery and unlawful possession of firearms.

Criminal Law
Score: 70

Maholela v Road Accident Fund (5250/2024) [2026] ZAMPMBHC 99 (31 August 2026)

Delict — Motor vehicle accident — Passenger claim for damages — Plaintiff sustaining injuries and claiming loss of earnings — Court finding 100% liability on the defendant due to lack of evidence to the contrary — Expert evidence from industrial psychologist and actuary accepted, leading to substantial damages awarded for loss of earnings despite challenges to the reliability of the evidence.

Personal Injury
Score: 65

ASI Capital (Pty) Ltd v TMS Pro Property Management CC (2025/026341) [2026] ZAGPJHC 1006 (31 August 2026)

Costs — Security for costs — Application for security for costs by defendant under rule 47(3) of the Uniform Rules of Court — Plaintiff's cessation of trading and inability to pay costs if unsuccessful — Court finding sufficient reason to believe that plaintiff will be unable to pay defendant's costs — Security ordered, with amount and manner to be determined by the Registrar.

Civil Procedure
Score: 62