South Africa Case Law

Claassen and Others v Frame (2023/006221)

Claassen and Others v Frame (2023/006221) [2025] ZAGPJHC 705 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/006221

Judge

M V Noko

The application to set aside the subpoena fails because Rule 38 and section 35 of the Superior Courts Act permit the issuance of subpoenas for documents relevant to proceedings, regardless of whether the subpoenaed person is to be called as a witness. The applicant's argument that a trial date must be set before a subpoena is issued is unfounded. The documents requested are relevant to the determination of the accrual in the divorce proceedings, and the applicant did not claim privilege or confidentiality over them. The contention of abuse of process is unsupported, as the subpoena was issued…

Source excerpt

• Subpoena Duces Tecum
• Relevance Of Evidence
• Accrual System
• Abuse Of Process
• Privilege And Confidentiality

N.S v R.S (D410/2020)

N.S v R.S (D410/2020) [2025] ZAKZDHC 43 (18 July 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D410/2020

Judge

Singh

The High Court terminated joint ownership of a marital home, ordered a private auction at a R5 million reserve, and set rules for transfer and accrual division.

• Actio Communi Dividundo
• Matrimonial Property Act
• Accrual System
• Division Of Joint Property
• Termination Of Co Ownership
• Actio-communi-dividundo

C.W.B v C.E.B (7796/2021)

C.W.B v C.E.B (7796/2021) [2025] ZAGPJHC 614 (18 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

7796/2021

Judge

Barnes

The High Court refused to consolidate an undefended divorce action with a separate action over an alleged oral agreement, finding insufficient overlap and undue delay.

• Consolidation Of Actions
• Accrual System
• Oral Agreement Enforcement
• Divorce Proceedings
• Consolidation-of-actions
• Divorce-proceedings

D.C.M v C.C.M (1235/22)

D.C.M v C.C.M (1235/22) [2025] ZASCA 55; [2025] 3 All SA 291 (SCA) (9 May 2025)

Court

Supreme Court of Appeal

Case number

1235/22

Judges

Zondi, Keightley, Coppin, Phatshoane, Bloem

The Supreme Court of Appeal held that where parties declare the commencement value of their estates in an antenuptial contract, such declaration is contractually binding and serves as conclusive proof of the commencement value for accrual calculations. Section 6(3) of the Matrimonial Property Act applies only where no value is declared, in which case the contract or statement serves as prima facie proof. The applicant did not plead any recognised common law grounds to attack the contract. The CPI-adjusted commencement value of the respondent's estate was R129 million, while the value at disso…

Source excerpt

• Accrual System
• Antenuptial Contract
• Matrimonial Property Act
• Commencement Value
• Proof Of Estate Value

M.W v C.W (2462/2019)

M.W v C.W (2462/2019) [2025] ZANCHC 34 (11 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

2462/2019

Judge

Nxumalo

The court found that the marriage between the plaintiff and the third party was not valid due to non-compliance with the prescribed formalities under the Marriage Act and applicable regulations. The marriage officer lacked authority, and the marriage was never registered with the Department of Home Affairs. The evidence established that the impugned marriage was null and void ab initio, and thus did not affect the validity of the subsequent marriage between the plaintiff and the defendant. The defendant failed to show good cause for condonation of late application for reasons, and the special…

Source excerpt

• Nullity Of Marriage
• Marriage Act Formalities
• Registration Of Marriage
• Declaratory Order
• Accrual System
• Maintenance Claim

V.I v G.I.I (B1349/2023)

V.I v G.I.I (B1349/2023) [2025] ZAGPPHC 163 (17 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

B1349/2023

Judge

Haupt AJ

The High Court rescinded a divorce order granted in the respondent’s absence, finding the applicant had good cause and a bona fide defence.

• Divorce Rescission
• Spousal Maintenance
• Accrual System
• Default Judgment
• Condonation
• Ethical Conduct Of Legal Practitioners

D.M v D.M

D.M v D.M [2025] ZAGPJHC 31; [2025] 2 All SA 398 (GJ); 2025 (4) SA 183 (GJ) (28 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2021-043212

Judge

A Friedman

The court held that section 7 of the Matrimonial Property Act requires a spouse to furnish full particulars of the value of their estate upon request, and this duty arises during divorce proceedings, not only upon dissolution of the marriage. However, the court retains a discretion to regulate its own process and may refuse to compel compliance with a section 7 notice if it is impractical, premature, or prejudicial. In this case, the respondent failed to demonstrate any compelling reason to resist disclosure, and no real prejudice would result from granting the application. The pending separa…

Source excerpt

• Matrimonial Property Act
• Accrual System
• Duty Of Disclosure
• Beneficial Ownership
• Interlocutory Relief

D.P.E v V.J.E (2024/066643)

D.P.E v V.J.E (2024/066643) [2024] ZAGPPHC 1369 (24 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/066643

Judge

N G M Mazibuko

The court found that the applicant failed to establish genuine urgency as required by Rule 6(12) of the Uniform Rules. The applicant was legally represented and had initiated divorce proceedings in June 2024 but only notified the pension fund in November 2024. The letter seeking confirmation of the respondent's employment status was sent on 28 November 2024, and the application was issued the next day, without affording the respondent a reasonable opportunity to reply. The court concluded that the urgency was self-created and amounted to an abuse of process. The applicant did not pass the thr…

Source excerpt

• Urgent Interdict
• Pension Interest
• Divorce Proceedings
• Accrual System

D.J.M.F and Another v L.F and Others (749/2020)

D.J.M.F and Another v L.F and Others (749/2020) [2024] ZAGPPHC 1315 (11 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

749/2020

Judge

MPN Mbongwe

The High Court refused to separate divorce issues from maintenance, accrual and trust claims, holding that the applicant had not shown proper grounds under Rule 33(4).

• Divorce Proceedings
• Separation Of Issues
• Trust Assets In Divorce
• Accrual System
• Maintenance Claims
• Divorce-proceedings

E.S v R.B (23212016)

E.S v R.B (23212016) [2024] ZANCHC 108 (29 November 2024)

Court

Northern Cape High Court, Kimberley

Case number

2321/2016

Judge

Phatshoane DJP

The court found that the parties freely and voluntarily agreed to include the trust assets in the respondent's estate for accrual purposes in the deed of settlement, which was incorporated into the divorce decree. There was no common mistake or justus error established by the respondent. The inclusion of trust assets did not offend section 12 of the Trust Property Control Act or the trust deed, as South African law allows for the trust form to be pierced in cases of unconscionable abuse, and the parties settled on this basis. The respondent's delay in bringing the counter-application was egre…

Source excerpt

• Accrual System
• Trust Assets In Divorce
• Matrimonial Property Act
• Piercing Trust Veil