South Africa Case Law

K.L.W v C.S.W (2020/35177)

K.L.W v C.S.W (2020/35177) [2025] ZAGPJHC 41 (22 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/35177

Judge

F. Marcandonatos

The court found that the applicant, having moved in with and being supported by her boyfriend, is not entitled to maintenance from the respondent, as it would be unjust and contrary to public policy for her to receive support from both men. The applicant's financial disclosure revealed she is living rent-free, has access to resources, and is supported by her boyfriend, who has paid her legal costs. Regarding the children, the court accepted that there has been a material change in circumstances, with increased expenses substantiated by the applicant. The respondent's financial disclosure demo…

Source excerpt

• Maintenance Variation
• Spousal Support
• Child Support
• Rule 43 Procedure

M.E.M v L.N.M (A2023/070387)

M.E.M v L.N.M (A2023/070387) [2024] ZAGPJHC 1069 (22 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/070387

Judges

S. Potterill, B. Mostert

The High Court refused condonation for a late appeal against a maintenance order, held the appeal had lapsed, and ordered the appellant to pay costs.

• Maintenance Orders
• Condonation Of Late Appeal
• Substitution Of Maintenance
• Child Support
• Maintenance-orders
• Condonation

L.N v N.N (A2923/005472)

L.N v N.N (A2923/005472) [2024] ZAGPJHC 772 (19 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2923/005472

Judges

Windell, A P Den Hartog

High Court appeal upheld against a maintenance order that stripped an unemployed father of all funds. The court replaced it with monthly child maintenance and school-fee contributions.

• Maintenance Order
• Future Maintenance
• Division Of Joint Estate
• Attachment Of Pension Fund
• Child Support
• Forfeiture Orders

J.F v G.F (2021/9930)

J.F v G.F (2021/9930) [2023] ZAGPJHC 892 (10 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/9930

Judge

Fisher

High Court Rule 43 maintenance case ordering interim child maintenance, school and medical expenses, and transfer of a BMW to the applicant.

• Maintenance
• Rule 43 Proceedings
• Child Support
• Medical Aid Liability
• Educational Expenses
• Child-maintenance

C.A.D v J.D (4017/2021)

C.A.D v J.D (4017/2021) [2023] ZAECMKHC 66 (18 May 2023)

Court

Eastern Cape High Court, Makhanda

Case number

4017/2021

Judge

N G Beshe

The High Court dismissed a Rule 43 request for a contribution to legal costs for poor financial disclosure and granted the respondent’s counter-application for child maintenance pendente lite.

• Rule 43 Applications
• Maintenance Pendente Lite
• Contribution Towards Legal Costs
• Child Support
• Abuse Of Court Process
• Rule-43-applications

J.V.C v L.C (4969/14)

J.V.C v L.C (4969/14) [2022] ZAGPPHC 71 (7 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

4969/14

Judge

E van der Schyff

The High Court dismissed an application to amend a child maintenance order, finding no sufficient change in circumstances and ordering each party to pay its own costs.

• Maintenance Order Amendment
• Child Support
• Tertiary Education Expenses
• Primary Caregiver Obligations
• Child-maintenance
• Maintenance-order-amendment

J.W v C.W (18559/2016)

J.W v C.W (18559/2016) [2020] ZAWCHC 141 (30 October 2020)

Court

Western Cape High Court, Cape Town

Case number

18559/2016

Judge

Binns-Ward

Divorce judgment on post-divorce maintenance, child support, and costs. The court ordered rehabilitative maintenance for the wife, token maintenance later, and child maintenance.

• Divorce Act Maintenance
• Rehabilitative Maintenance
• Token Maintenance
• Child Support
• Matrimonial Property Regime
• Divorce

P.N v T.M (CA127/2018)

P.N v T.M (CA127/2018) [2019] ZAECGHC 73 (6 August 2019)

Court

Eastern Cape High Court, Grahamstown

Case number

CA127/2018

Judges

S Rugunanan, I T Stretch

High Court appeal in a child maintenance dispute. The court set aside the magistrate’s award and ordered R5,000 monthly maintenance plus a R100,000 payment.

• Maintenance Order
• Child Support
• Best Interests Of Child
• Apportionment Of Parental Duty
• Child-maintenance
• Maintenance-order

M Pretorius v C Pretorius (151/2019)

M Pretorius v C Pretorius (151/2019) [2019] ZAECPEHC 6 (5 March 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

151/2019

Judge

G J Gajjar

Rule 43 interim-maintenance application partly granted: child support and legal-cost contribution were ordered, while the movable-items claim was dismissed.

• Interim Maintenance
• Contribution Towards Costs
• Rule 43 Proceedings
• Child Support
• Medical Expenses
• Return Of Movables

Mkhehlane v Mkhehlane (6108/2017)

Mkhehlane v Mkhehlane (6108/2017) [2018] ZAFSHC 24 (22 February 2018)

Court

Free State High Court, Bloemfontein

Case number

6108/2017

Judge

P.E Molitsoane

In a Rule 43 divorce-related application, the court awarded the applicant interim maintenance and a legal-costs contribution, but refused to order a vehicle.

• Interim Maintenance
• Rule 43 Applications
• Contribution To Legal Costs
• Marital Property
• Child Support
• Interim-maintenance