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South Africa decisions
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E.S v J.J.S (A 48 / 2021) [2021] ZAWCHC 81 (4 May 2021)
The High Court dismissed an appeal seeking to discharge a maintenance obligation for medical aid, holding that retirement and a pension payout did not amount to good cause.
Goodrick v Goodrick (21128/2009) [2013] ZAWCHC 126 (8 May 2013)
The court rectified a divorce consent paper to reflect the parties’ intended 50/50 division of the joint estate, but refused to exclude motor vehicles from movable property.
Lowe v Lowe (26004/2009) [2011] ZAWCHC 68 (10 March 2011)
The court found that the obligations under the consent paper, including maintenance and related expenses, were sufficiently certain and ascertainable to be enforced by writ of execution. The applicant's argument that the order was ad factum praestandum and thus not enforceable by writ was rejected, with reference to established case law. The applicant failed to provide evidence that the expenses claimed were unreasonable or not incurred, despite having access to relevant documentation and the opportunity to present countervailing medical reports. The Magistrates Court order did not retrospect…
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Driescher v S (A439/09 & A354/06) [2009] ZAWCHC 183; 2010 (1) SACR 443 (WCC) (20 November 2009)
The High Court set aside a maintenance conviction where the charge referenced a repealed statute and the record was unclear, remitting the matter for a maintenance enquiry.
Georghiades v Janse Van Rensburg (11887/05) [2006] ZAWCHC 29; 2007 (3) SA 18 (C) (14 July 2006)
The court found that the applicant failed to demonstrate any material change in circumstances that would justify a variation of the maintenance order under section 8(1) of the Divorce Act. The consent paper constituted a comprehensive and final settlement between the parties, with maintenance expressly limited to three years, after which it would cease. The applicant was aware of her health condition at the time of signing the consent paper, and her subsequent claim of deteriorating health was not supported by the evidence. The court held that the applicant had waived her right to claim maint…
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