South Africa Case Law

VJ v VJ and Another (258/2023)

VJ v VJ and Another (258/2023) [2024] ZASCA 92; 2024 (6) SA 400 (SCA) (11 June 2024)

Court

Supreme Court of Appeal

Case number

258/2023

Judges

Mocumie, Mokgohloa, Weiner, Kgoele, Tolmay

The Supreme Court of Appeal held that arrear maintenance and enforcement of maintenance orders are matters incidental to a matrimonial cause and thus fall within the prohibition in section 2(a) of the Arbitration Act. The arbitration clause and subsequent agreement did not expressly include arrear maintenance as a dispute to be referred to arbitration. The maintenance court retains jurisdiction to enforce maintenance orders, and parties cannot contractually oust this jurisdiction or deprive a party of statutory rights under the Maintenance Act. The high court erred in deferring the issue to a…

Source excerpt

• Divorce Arbitration
• Arrear Maintenance
• Maintenance Court Jurisdiction
• Arbitration Act Interpretation