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South Africa decisions
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T.J.M v C.H.M (2024/085826) [2024] ZAGPJHC 1291 (17 December 2024)
Leave to appeal was refused in a dispute about schooling arrangements for three minor children and the effect of a Rule 43 maintenance order.
S v Ayuk and Others (Sentence) (CC46/2019) [2024] ZAWCHC 395 (15 November 2024)
The court found that accused 1 was the principal operator of a human trafficking enterprise, luring vulnerable victims under false pretenses, subjecting them to captivity, drug addiction, and severe physical and psychological abuse. The offences were aggravated by the involvement of children and the lasting impact on victims. No substantial and compelling circumstances were found for accused 1 to deviate from the prescribed minimum sentences; his sentences were ordered to run concurrently to recognize time spent awaiting trial. For accused 2, the court found substantial and compelling circums…
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E.W v V.T.H (7333/2024) [2024] ZAWCHC 310 (14 October 2024)
The court found the respondent in contempt for failing to comply with a maintenance and related support order for minor children, and imposed suspended periodic imprisonment.
Smith v Khumalo and All the Unlawful Occupiers of the Property and Another (47400/21) [2024] ZAGPJHC 492 (10 May 2024)
The court found that the applicant is the lawful owner of the property and has been unlawfully deprived of its use and benefit for an extended period. The respondents have no substantive defence to eviction, having failed to take steps to find alternative accommodation or respect the applicant's rights. The City has acknowledged its obligation to provide emergency accommodation but has no available units and cannot guarantee provision within a reasonable time. Balancing the interests of the elderly, impecunious applicant against those of the occupiers, especially minor children, the court hel…
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W.B v R.B and Another (D8141/2022) [2023] ZAKZDHC 96; 2024 (4) SA 316 (KZD) (18 December 2023)
High Court ordered limited medical disclosure in a child residence dispute, balancing privacy and the best interests of the children.
M.J.P.R v Wessels and Another - Appeal (A79/2021) [2023] ZAFSHC 428 (2 November 2023)
The court held that the appellant failed to provide any explanation for the year-long delay after terminating her previous attorneys and for the four-month delay in filing the condonation application. The absence of a full and reasonable explanation for the entire period of delay is fatal to the condonation application. The interests of the minor children, while important, cannot overcome the fundamental flaw of a complete lack of explanation. The appeal was dismissed as the requirements for condonation under section 3(4)(b) of the Institution of Legal Proceedings Against Certain Organs of St…
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N.K and Another v B.B (30472/21) [2023] ZAGPJHC 1025 (15 August 2023)
The court found that the respondent has engaged in a pattern of persistent, unmeritorious litigation and criminal complaints against the applicants, disregarding settlement agreements and court orders, and causing ongoing psychological and financial harm to the minor children and the applicants. The respondent's conduct constitutes an abuse of the court process and falls squarely within the definition of vexatious litigation under section 2(1)(b) of the Vexatious Proceedings Act. The best interests of the minor children require that further litigation by the respondent be regulated to prevent…
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S v Mphahlele (SS 111/2021) [2023] ZAGPJHC 792 (14 July 2023)
The court found that, although the offence of murder is extremely serious and ordinarily attracts a minimum sentence of 15 years' imprisonment, substantial and compelling circumstances exist in this case to justify deviation. The accused is a young, emotionally immature primary caregiver who suffered psychological and emotional trauma, was subjected to abuse, and acted under extreme distress. The best interests of her minor children, who are now cared for by their maternal grandmother, must be weighed against the need for a fair and just sentence. The court determined that correctional superv…
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E.N.M v L.T.M and Another (DIV88/11; UM107/18) [2023] ZANWHC 34 (30 March 2023)
The High Court found the first respondent guilty of contempt for wilfully ignoring maintenance and divorce orders and imposed three months’ direct imprisonment.
A.C v R.R.R (A5002/2022) [2022] ZAGPJHC 1042 (15 December 2022)
The High Court upheld an appeal against consolidation of divorce and loan actions, finding the merger prejudiced minor children and was not justified.
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