Semantis Law Reports

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S v Nojilana (CC 20/2024) [2026] ZAECBHC 20 (25 August 2026)

Criminal Law — Rape — Conviction of accused for rape of a minor — Accused allegedly committing sexual penetration of a 12-year-old girl without consent — Evidence from multiple witnesses, including the victim's relatives, corroborating the victim's account — Court finding the accused guilty based on overwhelming evidence and lack of credible defense — Life imprisonment imposed as a minimum sentence due to the age of the victim.

Criminal Law
Score: 70

Kalagadi Manganese (Pty) Limited and Others v Industrial Development Corporation of SA Limited and Others (1019/2024) [2026] ZASCA 111 (25 August 2026)

Business Rescue — Reconsideration of leave to appeal — Application for reconsideration under s 17(2)(f) of the Superior Courts Act — Applicants challenging authority of IDC to initiate business rescue proceedings — Court finding no exceptional circumstances or grave injustice established — Jurisdictional threshold for reconsideration not met — Matter struck from roll with costs awarded to IDC.

Insolvency Law
Score: 65

Mokae v Road Accident Fund (Reasons) (656/2022) [2026] ZANCHC 77 (25 August 2026)

Personal Injury — Loss of earning capacity — Plaintiff injured in motor vehicle accident — Court assessing actuarial calculations for loss of earnings — Court retaining discretion to award just compensation — No automatic deduction for contingencies — Plaintiff awarded R3 884 100 for loss of earning capacity without further deductions.

Personal Injury
Score: 65

O.S.N obo R.J v Chilwan (8617/2019) [2026] ZAWCHC 448 (25 August 2026)

Delict — Negligence — Liability for injuries caused by a dislodged gate — Plaintiff's minor child injured when gate toppled over — Court finding defendant liable for failing to ensure gate was safe and properly maintained — Damages to be determined in due course.

Delict
Score: 65

Minister of Police and Another v Masake and Others (2026/154314) [2026] ZAGPPHC 913 (25 August 2026)

Eviction — Urgent application for eviction — Applicants seeking eviction of unlawful occupiers from state-owned property due to unsafe conditions — Respondents contesting urgency, authority, and existence of material disputes of fact — Court finding urgency established due to ongoing safety risks — Authority of applicants upheld — Material disputes of fact not preventing determination of eviction — Respondents' rights of occupation lawfully terminated due to unsafe conditions of the premises — Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 applicable — Court concluding eviction just and equitable given substantial risks to life and safety.

Land and Property Law
Score: 62

N.V obo K.M.V v Member of the Executive Council responsible for Health: Eastern Cape Province (912/2021) [2026] ZAECBHC 18 (25 August 2026)

Delict — Medical negligence — Quantum of damages — Plaintiff awarded damages for injuries sustained by minor child during birth — Defendant previously held liable for 100% of damages — Issues of life expectancy, general damages, and caregiver costs determined — Court finding that future caregiver costs should not be reduced based on availability of state-provided services, as the plaintiff's claim for caregiver costs was substantiated and necessary for the child's care.

Delict
Score: 62

EHBDJ v Road Accident Fund (3595/2023) [2026] ZAFSHC 404 (25 August 2026)

Personal Injury — General Damages — Plaintiff injured in motor vehicle accident — Defendant conceding 100% liability — Court adjudicating only on general damages after separation of past medical expenses — Plaintiff awarded R1 100 000 for general damages due to serious injuries including traumatic brain injury and permanent disfigurement — Interest awarded from 180 days post-judgment.

Personal Injury
Score: 60

Palm Internet Lounge v Minister of Police and Others (Ex Tempore) (2022-122) [2026] ZAGPJHC 1031 (25 August 2026)

Search and seizure — Issuance of search warrant — Applicant challenging validity of search warrant issued for premises allegedly used for illegal gambling — Court finding that affidavit supporting warrant lacked sufficient factual basis to establish reasonable suspicion — Acting magistrate failing to apply mind to material presented — Warrant set aside due to insufficient justification.

Criminal Procedure
Score: 60

Salt Freight (Pty) Ltd v Transnet Soc Ltd t/a Transnet National Ports Authority (2025/219215) [2026] ZAGPJHC 953 (25 August 2026)

Lease Agreements — Early termination — Summary judgment — Plaintiff claims compensation for early termination of leases; defendant raises special plea for arbitration — Court finds dispute existed at action's institution, but required governance approval for binding obligation to pay was never obtained — Email confirmation deemed provisional and not enforceable — Summary judgment refused, defendant granted leave to defend.

Contract Law
Score: 57

K.V.K obo Minor v MEC for Health and Social Development, Mpumalanga Province (Leave to Appeal) (450/2020) [2026] ZAMPMBHC 96 (25 August 2026)

Condonation — Application for leave to appeal — Plaintiff seeking condonation for late filing of notice of appeal — Delay attributed to failure of correspondent attorney to receive judgment — Court finding reasonable explanation for delay and prospects of success on appeal — Condonation granted in the interests of justice.

Medical Law
Score: 55

Mtyali v S (Sentence Appeal) (A208/2023) [2026] ZAWCHC 443 (25 August 2026)

Criminal Law — Sentence — Appellate interference — Appellant convicted under Trespass Act for continued occupation of premises despite valid eviction order — Court affirming that criminal court cannot revisit civil eviction proceedings — Sentence of fine suspended for five years deemed appropriate considering personal circumstances and constitutional context — Appeal against sentence dismissed.

Criminal Law
Score: 55

NAT Industries (Pty) Ltd (in liquidation) and Others v Grindrod Bank Ltd (D10128/2022) [2026] ZAKZDHC 51 (25 August 2026)

Insolvency Law — Liquidation — Claims against bank for repayment of funds — Plaintiffs, liquidators of Nat Industries, seeking to amend particulars of claim against Grindrod Bank for repayment of funds paid under fraudulent circumstances — Court finding that proposed amendments did not cure deficiencies identified in prior judgment — Claim for R8.2 million dismissed as no disposition of property established, while claim for R381,000 allowed due to new allegations of intention to prefer Grindrod over other creditors.

Insolvency Law
Score: 55