Stroebel v Stroebel (19332/2017)
Stroebel v Stroebel (19332/2017) [2017] ZAGPPHC 1041 (8 December 2017)
Section 16(3) of the Superior Courts Act expressly prohibits appeals from judgments or orders in Rule 43 proceedings, including those relating to maintenance pendente lite and interim custody. The applicant's grounds for appeal, including the constitutional challenge based on sections 28 and 34 of the Constitution, do not override this statutory bar, as Rule 43 itself provides mechanisms for variation and protects the best interests of children. The principle of subsidiarity requires reliance on the statutory framework rather than direct constitutional challenge. The application for leave to…
Source excerpt
- Rule 43 Proceedings
- Maintenance Pendente Lite
- Best Interests Of Child
- Appealability Of Interim Orders
- Constitutional Challenge To Superior Courts Act
- Condonation