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South Africa Case Law

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Family And Children [2024] ZAECQBHC 58

J.D.K v J.K (584/2022)

J.D.K v J.K (584/2022) [2024] ZAECQBHC 58 (10 October 2024)

The High Court varied a Rule 43 maintenance order for a major dependent child after changed circumstances, reducing monthly upkeep to R11,000 and deleting tertiary education costs.

  • Rule 43 Variation
  • Maintenance Of Major Child
  • Changed Circumstances
  • Contempt Of Court
  • Rule-43-variation
  • Maintenance-of-major-child
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Family And Children [2023] ZALMPPHC 49

L.J v P.H.A.J (HCA35/2022)

L.J v P.H.A.J (HCA35/2022) [2023] ZALMPPHC 49 (18 July 2023)

High Court held the respondent failed to show changed circumstances justifying reduced maintenance; the original order was restored.

  • Maintenance Variation
  • Maintenance Act 99 Of 1998
  • Divorce Settlement
  • Changed Circumstances
  • Pacta Sunt Servanda
  • Maintenance-variation
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Family And Children [2021] ZANWHC 81

A.L v C.A.L (DIV 31/2020)

A.L v C.A.L (DIV 31/2020) [2021] ZANWHC 81 (15 April 2021)

High Court reasons dismissing a Rule 43 application for interim maintenance and costs relief, holding no material change in circumstances was shown.

  • Rule 43 Variation
  • Maintenance Pendente Lite
  • Contribution Towards Costs
  • Changed Circumstances
  • Interim Relief
  • Rule-43
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Criminal Law [2018] ZAECPEHC 76

Brown and Another v S (CC 18/2017)

Brown and Another v S (CC 18/2017) [2018] ZAECPEHC 76; 2019 (1) SACR 691 (ECP) (14 December 2018)

The court dismissed an application to reduce bail to pay legal fees and also refused a fresh bail application by a co-accused who had breached bail conditions.

  • Bail Reduction
  • Criminal Procedure Act
  • Changed Circumstances
  • Right To Fair Trial
  • Bail-reduction
  • Criminal-procedure-act
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Family And Children [2018] ZAGPPHC 946

G.C (Nee O) v D.S.C and Another (84382/2017)

G.C (Nee O) v D.S.C and Another (84382/2017) [2018] ZAGPPHC 946 (11 December 2018)

High Court review of a maintenance-court refusal to grant absolution from the instance. The court found no basis for variation and substituted an order granting absolution with costs.

  • Maintenance Variation
  • Absolution From Instance
  • Settlement Agreement
  • Changed Circumstances
  • Costs In Family Law
  • Maintenance-variation
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Criminal Law [2011] ZANCHC 23

S v Savoi, In re: Savoi (1306/2011)

S v Savoi, In re: Savoi (1306/2011) [2011] ZANCHC 23 (7 October 2011)

The court dismissed an application to amend bail conditions so the accused could travel abroad for business, finding the proposed order unenforceable.

  • Bail Conditions
  • Changed Circumstances
  • Enforceability Of Court Orders
  • Jurisdictional Conflict
  • Bail-conditions
  • Criminal-procedure-act
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Land And Property [2010] ZASCA 78

Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (454/2009)

Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (454/2009) [2010] ZASCA 78; [2010] 4 All SA 282 (SCA) (28 May 2010)

The Supreme Court of Appeal held that the developer's right of extension over the plant area was reserved specifically for the benefit of section 401, as reflected in the registered plans and documents. The developer was not entitled to transfer or cede this right to any person other than the owner of section 401, nor to incorporate the plant area into another section. The court found that financial considerations alone did not constitute 'changed circumstances' justifying deviation from the terms of the reservation. The developer's attempt to transfer the right to the seventh respondent was…

  • Sectional Titles Act
  • Real Right Of Extension
  • Standing Of Unit Owner
  • Changed Circumstances
  • Exclusive Use Area
  • Interdict
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Family And Children [2009] ZAGPPHC 303

J v J (17705/05)

J v J (17705/05) [2009] ZAGPPHC 303 (11 August 2009)

The court found changed circumstances and suspended a Rule 43 maintenance order pending divorce, after the applicant lost income and underwent neck surgery.

  • Maintenance Variation
  • Rule 43 Application
  • Changed Circumstances
  • Rule-43
  • Maintenance
  • Changed-circumstances
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Land And Property [2009] ZAWCHC 31

Dolphin Whisper Trading 10 (Pty) Ltd v Registrar of Deeds and Another (20645/08)

Dolphin Whisper Trading 10 (Pty) Ltd v Registrar of Deeds and Another (20645/08) [2009] ZAWCHC 31 (23 March 2009)

The court held that the Registrar of Deeds did not act unlawfully in refusing to register the applicant's sectional plan of extension. The applicant failed to provide evidence of 'changed circumstances' that would make strict compliance with the original participation quota schedule impracticable, as required by section 25(13) of the Sectional Titles Act. The applicant's reliance on technicalities and market changes was unsupported by factual evidence. The court confirmed that the determination of 'changed circumstances' is a judicial function and not within the Registrar's purview. The appli…

  • Sectional Titles Act
  • Real Right Of Extension
  • Administrative Action Review
  • Changed Circumstances
  • Participation Quota Amendment
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Family And Children [2007] ZAGPHC 214

De Wet v Hartmut (30867/07)

De Wet v Hartmut (30867/07) [2007] ZAGPHC 214 (19 September 2007)

The High Court varied a Rule 43 maintenance order to add payment of reasonable medical expenses for the applicant and minor children.

  • Maintenance Variation
  • Rule 43 Applications
  • Changed Circumstances
  • Medical Expenses
  • Costs Award
  • Rule-43
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.