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South Africa decisions
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O v O (A3001/2020) [2021] ZAGPJHC 457 (30 August 2021)
Appeal dismissed: the appellant failed to show good cause for rescission of a divorce forfeiture order and the magistrate committed no procedural irregularity.
M v M (5710/2010) [2014] ZAFSHC 170 (5 September 2014)
The court found that the applicant acted within a reasonable time after learning of the default divorce order and demonstrated a bona fide intention to contest the custody and patrimonial consequences. The delay was not inordinate, considering the applicant's indigence and reliance on Legal Aid, which resulted in multiple attorneys handling her matter. The respondent was aware of the pending litigation before his remarriage and could have set the matter down for hearing. The applicant showed a prima facie triable issue regarding custody and forfeiture, supported by her actions and the Family…
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