South Africa Case Law

B.U v C.M and Others (2025/017920)

B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/017920

Judge

Njokweni

The court found that the First Respondent's conditions for granting consent to the minor child's overseas travel were unreasonable and amounted to a refusal of consent. Despite the First Respondent's assertion that he did not oppose the travel, the conditions he sought to impose were excessive and not aligned with the child's best interests. The court exercised its jurisdiction under section 18(5) of the Children’s Act and section 28 of the Constitution, determining that the Applicant should be permitted to travel with the minor child to the Czech Republic, subject to reasonable conditions th…

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• Child Travel Consent
• Parental Responsibilities And Rights
• Best Interests Of Child
• Mirror Order
• Section 18 Children Act
• Section 28 Constitution

M.C.M v M.S.M (Appeal) (HCA16/2024)

M.C.M v M.S.M (Appeal) (HCA16/2024) [2025] ZALMPPHC 153 (11 August 2025)

Court

Limpopo High Court, Polokwane

Case number

HCA16/2024

Judges

Naude-Odendaal, J.D. Stroh

The High Court dismissed an appeal against forfeiture of a respondent’s pension interest in a divorce, holding the appellant’s misconduct justified the order.

• Divorce Act Section 9
• Forfeiture Of Patrimonial Benefits
• Undue Benefit
• Substantial Misconduct
• Division Of Joint Estate
• Divorce-act-section-9

A.E. v H.L. (2024/144979)

A.E. v H.L. (2024/144979) [2025] ZAGPJHC 770 (8 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/144979

Judge

Nieuwoudt

In a Rule 43 divorce interim application, the High Court ordered child maintenance, limited contact, and expert family-preservation intervention after concerns about the applicant's alcohol use.

• Rule 43 Interim Relief
• Child Maintenance
• Parental Rights And Responsibilities
• Contact Arrangements
• Parenting Coordination
• Rule-43

P.N v D.N (10481/2018)

P.N v D.N (10481/2018) [2025] ZAWCHC 335 (6 August 2025)

Court

Western Cape High Court, Cape Town

Case number

10481/2018

Judge

Kholong

The High Court granted divorce, refused forfeiture of benefits, and ordered an equal division of the joint estate after finding the plaintiff's gambling was not proven to be substantial misconduct.

• Divorce Act Section 9
• Forfeiture Of Benefits
• Division Of Joint Estate
• Parental Rights And Responsibilities
• Maintenance Of Minor Child
• Forfeiture-of-benefits

N.L.D v M.L (5785/22)

N.L.D v M.L (5785/22) [2025] ZAWCHC 337 (6 August 2025)

Court

Western Cape High Court, Cape Town

Case number

5785/22

Judge

Lekhuleni JD

High Court granted payment of arrear maintenance under a Rule 43 order and held the respondent’s non-payment was wilful, with leave to pursue contempt if unpaid.

• Rule 43 Interim Maintenance
• Arrear Maintenance
• Contempt Of Court
• Reciprocal Duty Of Support
• Rule-43-maintenance
• Arrear-maintenance

B.C.B v M.J.S (3018/2024)

B.C.B v M.J.S (3018/2024) [2025] ZALMPPHC 150 (6 August 2025)

Court

Limpopo High Court, Polokwane

Case number

3018/2024

Judge

Makoti

The court found that the requirements for a valid customary marriage under the Recognition of Customary Marriages Act were satisfied. Both parties were of age and consented to the marriage. The marriage was negotiated and partially celebrated in accordance with custom, evidenced by the lobola payment, exchange of gifts, and the subsequent church blessing with the exchange of wedding bands. The court held that the absence of a formal handing over of the bride did not invalidate the marriage, as the families' acceptance and the recognition of the plaintiff as makoti fulfilled the customary requ…

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• Recognition Of Customary Marriages Act
• Validity Of Customary Marriage
• Lobola Negotiation
• Handing Over Of Bride

Haupt; Ex Parte Esterhuizen (21458/2021 ; 10857/2023), Ex parte

Haupt; Ex Parte Esterhuizen (21458/2021 ; 10857/2023), Ex parte [2025] ZAWCHC 330 (5 August 2025)

Court

Western Cape High Court, Cape Town

Case number

21458/2021 ; 10857/2023

Judge

Moosa

The court found, on the evidence of medical experts and curators ad litem, that both [L] and [R] suffer from severe disabilities rendering them incapable of managing their own affairs, thus meeting the jurisdictional requirements of Uniform Rule 57(13). The precedent in Ex parte Oppel was rejected as inconsistent with binding appellate authority and constitutional imperatives, particularly the best interests of the child standard. The court held that the appointment of a curator bonis is justified where substantial awards are at stake, the guardians lack financial expertise, and there is risk…

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• Curator Bonis Appointment
• Children With Disabilities
• Road Accident Fund Award
• Best Interests Of Child
• Uniform Rule 57
• Children S Act

Lebea v Seromo (2025/030885)

Lebea v Seromo (2025/030885) [2025] ZAGPJHC 766 (5 August 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/030885

Judge

Nieuwoudt

The High Court granted an order changing a minor child’s surname and amending the birth registration, holding that lebola payment disputes were irrelevant to the relief sought.

• Children Act Section 21
• Parental Rights And Responsibilities
• Change Of Child Surname
• Customary Law Marriage
• Birth Registration
• Children-act

Mokgoro and Others v Master of the High Court, Kimberley and Others (09/2025)

Mokgoro and Others v Master of the High Court, Kimberley and Others (09/2025) [2025] ZANCHC 60 (1 August 2025)

Court

Northern Cape High Court, Kimberley

Case number

09/2025

Judge

Lever

The High Court held that a will emailed with electronic signatures could be accepted under section 2(3) of the Wills Act because the deceased’s intention was clear.

• Wills Act Section 2 3
• Electronic Signature
• Testamentary Intention
• Administration Of Estates
• Wills-act-section-2-3
• Electronic-signature

Ramatsetse-Moloi v Shiremane and Others (2025-110223)

Ramatsetse-Moloi v Shiremane and Others (2025-110223) [2025] ZAGPPHC 770 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-110223

Judge

E van der Schyff

The High Court struck an urgent application from the roll because the applicant failed to prove urgency, with unresolved executorship and marriage issues left for later proceedings.

• Urgency In Motion Proceedings
• Customary Law Marriage
• Letters Of Executorship
• Striking From The Roll
• Urgency-in-motion-proceedings
• Customary-law-marriage