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South Africa decisions
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Keele v Jansen Van Rensburg and Others (042870/2022) [2025] ZAGPPHC 292 (17 March 2025)
The High Court dismissed an application to join the Commission for Gender Equality as a party in a review linked to a custody and access dispute.
T.J.S v M.N.M (2024/147933) [2024] ZAWCHC 432 (24 December 2024)
The High Court set aside an interim order requiring a mother to return a child to Cape Town, holding it lacked jurisdiction after her relocation to Pretoria.
A.M v M.M (2023 / 042690) [2023] ZAGPJHC 1399 (1 December 2023)
Rule 43 application partly granted: spousal maintenance was refused, but child maintenance, school fees, domestic worker costs, medical aid excess, rent, and costs were ordered.
L.V.A v J.V.A (1747/2023) [2023] ZAFSHC 196 (28 April 2023)
The court granted interim leave for a mother to relocate with her 9-year-old child to Upington and enroll her in home schooling, pending a Family Advocate report.
R (40000/2017), R v [2022] ZAGPJHC 302 (29 April 2022)
The High Court declined condonation for a late replying affidavit and dismissed an application to vary a divorce settlement agreement and related relief.
TPT v MPT (2021/37746) [2021] ZAGPJHC 790 (1 December 2021)
Unopposed Rule 43 interim-relief judgment awarding maintenance, residence, vehicle use, keys, medical aid, and legal-costs contribution pending divorce.
B.J.K v C.M.K (A186/2021) [2021] ZAWCHC 253 (1 December 2021)
The court found that the respondent's reasons for wishing to relocate with the minor children to Cape Town were bona fide and reasonable, supported by expert evidence that the children's educational and emotional needs were not being met at Greenwood Bay College. The relocation to Cape Town, with enrolment at Reddam House, would better serve the children's interests, provide access to family, and offer improved educational and extramural opportunities. The court considered the wishes of the children, as confidentially reported by Ms Deetlefs, and found them to be clear, uninfluenced, and alig…
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J J v R V (5832/2019) [2020] ZAFSHC 226 (19 October 2020)
High Court parenting dispute ordering shared parental rights, primary residence with the respondent, structured contact for the applicant, and each party to pay own costs.
A.J.H v A.H (23610/2016) [2018] ZAGPPHC 495 (29 June 2018)
The High Court dismissed a bid to vary a parenting plan and ordered the applicant to pay costs, finding no basis to change the children’s residence from the respondent.
Y.O v Z.W (21412/17) [2018] ZAWCHC 61 (25 May 2018)
The court held that Rule 43 applies to matrimonial disputes even where the validity or subsistence of the marriage is contested, including those involving Muslim marriages dissolved by talaq. The existence of a pending constitutional challenge to the non-recognition of Muslim marriages and the relief sought in the main action suspends the practical effect of the talaq, allowing the applicant to seek interim relief. The court found that it is not necessary for the applicant to prove the validity of the marriage at this stage; the duty of support and entitlement to a contribution towards costs…
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