Semantis Law Reports

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Road Accident Fund v K.E.T obo N.T.T (2021/55976) [2026] ZAGPJHC 950 (25 August 2026)

Rescission — Application for rescission of judgment — Road Accident Fund (RAF) sought rescission of order directing payment for loss of earnings — RAF represented at hearing but claimed absence — Concession that RAF was represented negated basis for rescission under Rule 42(1)(a) — Inadequate explanation for delay in application and lack of bona fide defence with prospects of success — Application dismissed with costs.

Civil Procedure
Score: 40

Skhosana v Van Niekerk J (JSC/1166/23) [2026] ZAJSC 40 (25 August 2026)

Judicial Conduct — Complaint against Judge — Appeal against dismissal of complaint regarding alleged misconduct by Judge Van Niekerk — Complainant asserting misrepresentation and bad faith in judgment — Judicial Conduct Committee dismissing appeal on grounds that complaint related solely to merits of judgment — No breach of Judicial Code of Conduct established.

Judicial Conduct
Score: 40

Curtis v Altron Bytes Managed Solutions (C496/2023) [2026] ZALCCT 146 (25 August 2026)

Labour Law — Unfair dismissal — Automatically unfair dismissal claim under section 187(1)(d) of the LRA — Employee dismissed for involving a client in an internal dispute — Court finding that the proximate cause of dismissal was the client's involvement, not the institution of claims against the employer — Legal causation test not met — Dismissal upheld as fair.

Labour Law
Score: 35

Jubase v Minister of Police (2024/046911) [2026] ZAGPJHC 956 (25 August 2026)

Damages — Claim against Minister of Justice and Constitutional Development — Plaintiff, Mr Jubase, alleging wrongful conviction and seeking damages exceeding R20 million — Court finding claims lacking discernible causes of action and procedural non-compliance with Uniform Rules — Action removed from the roll with costs reserved.

Civil Procedure
Score: 35

Department of Correctional Services v Kgowe and Others (Leave to Appeal) (2026/092263) [2026] ZALCJHB 266 (25 August 2026)

Leave to appeal — Application for leave to appeal dismissed — Respondents seeking leave to appeal against judgment setting aside settlement agreement and arbitration award — Court finding no reasonable prospect of success on appeal — Respondents failing to establish proper grounds for leave to appeal as required by section 17(1)(a) of the Superior Courts Act.

Labour Law
Score: 30

Company EG v Commissioner for the South African Revenue Service ; Company LS v Commissioner for the South African Revenue Service (IT 77406 ; IT 77357) [2026] ZATC 11 (24 August 2026)

Taxation — Income tax — Rental income — Appellants, share block companies, appealing additional assessments by SARS regarding rental income treatment — SARS contending rental income taxable in hands of companies, while appellants arguing it accrued to shareholders — Court finding that rental income constituted gross income in hands of companies as registered owners and parties to lease agreements — Appeal dismissed.

Tax Law
Score: 70

Manjanja v Mhlambi and Another (CT02820/ADJ/2026) [2026] COMPTRI 96 (24 August 2026)

Companies — Director removal — Application for review of CIPC decision — Applicant claiming unlawful removal as director of Giftedjack (Pty) Ltd — Respondents failing to file an Answer — Tribunal finding that removal was not authorized and restoring Applicant's directorship — CIPC required to maintain accurate records and conduct thorough investigations into allegations of unlawful director removal.

Company Law
Score: 65

A.R.B v M.E.B (A2024/122591) [2026] ZAGPJHC 951 (24 August 2026)

Divorce — Redistribution order — Appeal against trial court's redistribution and maintenance orders — Appellant contended that the trial court erred in granting a redistribution order of 35% of his estate and a maintenance order — Court found that the respondent had made significant indirect contributions to the appellant's estate during the marriage — Redistribution order amended to R1,000,000 payable within three months, and maintenance order adjusted to ensure it survives the appellant's death — Appeal upheld in part, with no order as to costs.

Family Law
Score: 62

Lougot Property Investments (Pty) Ltd v Wonderland Properties (Pty) Ltd and Another (CT02796/ADJ/2026) [2026] COMPTRI 99 (24 August 2026)

Companies — Company name dispute — Applicant sought to have First Respondent's name, "Wonderland Properties," declared confusingly similar to its registered trademark — Applicant claimed common law and statutory rights in the name due to extensive use since 1992 — Tribunal found that the First Respondent's name was likely to cause confusion among the public and did not comply with the provisions of s 11(2) of the Companies Act — Default order granted in favor of the Applicant, directing the First Respondent to change its name.

Company Law
Score: 60

Schindlers Attorneys v Myburgh (2024/00633) [2026] ZAGPJHC 945 (24 August 2026)

Execution — Security for costs — Application for security for costs in main application — First respondent ordered to furnish security of R 200 000 within 10 days — Failure to comply resulting in automatic dismissal of main application — Court condoning late delivery of affidavits — First respondent's default conceded, with no undertaking to comply — Court balancing access to justice against the need for security — Order made to protect applicant's interests while allowing first respondent a final opportunity to comply.

Civil Procedure
Score: 60

TUV Sub Tech (Pty) Ltd vs NUMSA obo Mahlobo and Others (Leave to Appeal) (JR2001/23) [2026] ZALCJHB 281 (24 August 2026)

Labour Law — Leave to appeal — Application for leave to appeal against dismissal of review application — Applicant contending that refusal to postpone arbitration hearing due to representative's illness constituted an error — Court finding reasonable prospects of success in appeal based on similar precedent — Leave to appeal granted.

Labour Law
Score: 60

Bekker NO and Others v Maxi Group Scheme (Pty) Ltd (2025/062949) [2026] ZAGPPHC 987 (24 August 2026)

Civil Procedure — Amendment of pleadings — Application for leave to amend particulars of claim — Respondent objecting on grounds of excipiability — Court finding that proposed amendments provide sufficient detail regarding the partnership agreement and do not render the claim excipiable — Leave to amend granted with conditions to correct typographical errors.

Civil Procedure
Score: 55