South Africa Case Law

H.G.W v M.W (nee B[...]) (RCC/MOS:84/23; A207/2024)

H.G.W v M.W (nee B[...]) (RCC/MOS:84/23; A207/2024) [2025] ZAWCHC 140 (26 March 2025)

Court

Western Cape High Court, Cape Town

Case number

RCC/MOS:84/23; A207/2024

Judges

P. S. Van Zyl, J. Lekhuleni

The appeal was upheld because the Mossel Bay Regional Court lacked jurisdiction to adjudicate the divorce action. The respondent failed to plead or prove that she or the appellant was domiciled or ordinarily resident within the court's jurisdiction at the time of institution of the action. The regional court erred by inferring jurisdiction from insufficient pleadings and by considering material not forming part of the pleadings or evidence, such as the Family Advocate's report. Jurisdiction in divorce actions must be established by clear allegations and supporting evidence in the pleadings, a…

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• Divorce Jurisdiction
• Domicile
• Special Plea
• Pleadings
• Divorce Act
• Magistrates Court Jurisdiction

J.M v N.C (2023/00100)

J.M v N.C (2023/00100) [2024] ZAGPJHC 762 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/00100

Judge

N.J. Graves

The court found that the respondent failed to provide credible evidence of domicile or residence in South Africa. Her assertions were unsupported, contradicted by her own communications, and lacked necessary detail regarding her employment, marital status, and family circumstances. The redacted visa did not substantiate her claim of temporary residence in the USA, and her failure to disclose relevant facts undermined her credibility. The applicant discharged the burden of proving that the respondent is not an incola of South Africa, and thus a peregrinus. The reconsideration application was d…

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• Jurisdiction
• Peregrinus
• Attachment Of Assets
• Reconsideration Application
• Domicile
• Legal Fees Claim

S.K v R.K (6170/2023)

S.K v R.K (6170/2023) [2024] ZAWCHC 162 (6 May 2024)

Court

Western Cape High Court, Cape Town

Case number

6170/2023

Judge

Wathen-Falken

The High Court dismissed jurisdictional and procedural objections to a Rule 43 application, holding it could hear interim relief while the divorce action remained pending.

• Rule 43 Interim Relief
• Jurisdiction Of High Court
• Lis Pendens
• Domicile
• Mediation Rule 41a
• Rule-43-interim-relief

Alam v Minister of Home Affairs (3414/2010)

Alam v Minister of Home Affairs (3414/2010) [2012] ZAECPEHC 12; 2012 (5) SA 626 (ECP) (16 February 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3414/2010

Judge

J D Pickering

The court found that the plaintiff, pending the final determination of his application for judicial review of the refusal of asylum, is lawfully present in South Africa and has the intention to settle for an indefinite period. This satisfies the requirements for domicile under the Domicile Act, rendering him an incola and not a peregrinus. Even if the plaintiff were a peregrinus, the court would exercise its discretion to absolve him from furnishing security for costs, considering his vulnerable status as an asylum seeker, the nature of his claim against the State, and the constitutional righ…

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• Security For Costs
• Domicile
• Refugee Status
• Access To Court
• Rule 47
• Constitutional Rights