South Africa Case Law

M.D v N.D - Appeal (A176/2023)

M.D v N.D - Appeal (A176/2023) [2023] ZAWCHC 304 (29 November 2023)

Court

Western Cape High Court, Cape Town

Case number

A176/2023

Judges

Lekhuleni, Mantame

The High Court found that the parties, assisted by legal representatives, consciously agreed to use December 2013 as the cut-off date for calculating pension interests in their consent paper. The evidence showed robust negotiations and deliberate amendments to the agreement, including the relevant dates. The respondent's claim of a common mistake was rejected as an afterthought unsupported by the facts. The magistrate erred in varying the consent paper, as there was no legal basis or good reason to alter the parties' agreement. The cross-appeal was dismissed as opportunistic and lacking merit…

Source excerpt

• Divorce Settlement Agreement
• Variation Of Court Order
• Pension Interest
• Maintenance
• Consent Paper Interpretation

P.P v M.P (11672/2017)

P.P v M.P (11672/2017) [2018] ZAWCHC 140 (6 November 2018)

Court

Western Cape High Court, Cape Town

Case number

11672/2017

Judge

J Cloete

The High Court varied a divorced spouse’s maintenance escalation clause from a fixed 12% yearly increase to CPI plus 2.5%, subject to a 12% cap.

• Variation Of Maintenance Order
• Divorce Act Section 8
• Consent Paper Interpretation
• Annual Escalation Clause
• Consumer Price Index
• Pacta Sunt Servanda

Kagan v Kagan and Others (6887/09)

Kagan v Kagan and Others (6887/09) [2010] ZAWCHC 10 (8 February 2010)

Court

Western Cape High Court, Cape Town

Case number

6887/09

Judge

Binns-Ward

The High Court held that a divorce settlement required a once-off cession of insurance policies to secure maintenance, not later reversion or adjustment.

• Maintenance Obligations
• Insurance Policy Cession
• Divorce Settlement
• Consent Paper Interpretation
• Divorce-settlement
• Maintenance-obligations

Kroneberg v Kroneberg (A325/06)

Kroneberg v Kroneberg (A325/06) [2006] ZAWCHC 62 (22 December 2006)

Court

Western Cape High Court, Cape Town

Case number

A325/06

Judges

Bozalek, Hlophe

The court held that the respondent's right to remain in occupation of the property did not terminate automatically upon the child reaching majority. Clause 3.1 of the consent paper must be read as a whole, requiring the appellant to provide reasonable accommodation before the respondent's occupation becomes unlawful. The appellant bore the onus to prove that the alternative accommodation offered was reasonable. He failed to discharge this onus, as insufficient evidence was presented regarding the suitability and security of the apartment. Consequently, the respondent remains a lawful occupier…

Source excerpt

• Eviction
• Consent Paper Interpretation
• Reasonable Accommodation
• Prevention Of Illegal Eviction Act
• Divorce Settlement
• Onus Of Proof

Cohen v Cohen (born Coleman) (010/2002)

Cohen v Cohen (born Coleman) (010/2002) [2003] ZASCA 5; 2003 (3) SA 337 (SCA) (3 March 2003)

Court

Supreme Court of Appeal

Case number

010/2002

Judges

Olivier, Brand, Conradie

The court held that a maintenance court’s variation of the payment amount did not remove a dum casta clause from the original divorce order.

• Maintenance Variation
• Dum Casta Clause
• Consent Paper Interpretation
• Maintenance Act Application
• Maintenance-variation
• Dum-casta-clause