South Africa Case Law

S.A.T v G.J.T (2019/22224)

S.A.T v G.J.T (2019/22224) [2025] ZAGPJHC 44 (24 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/22224

Judge

M V Noko

The court found that the applicant had demonstrated a material change in circumstances since the previous order, as several new interlocutory applications had arisen and the respondent had failed to comply with the prior order for contribution. The applicant remains unemployed and does not have guaranteed access to trust funds, as payment depends on trustee discretion. The respondent is of substantial means and has not shown any deterioration in his financial position. The court accepted that costs for interlocutory applications, except those already covered by the previous order (such as the…

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• Rule 43 Contribution
• Divorce Litigation
• Discretionary Trusts
• Material Change In Circumstances
• Equality Of Arms

C.W.L v N.D.L (24232/2020)

C.W.L v N.D.L (24232/2020) [2025] ZAGPPHC 67 (17 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

24232/2020

Judge

Joyini

The court found that the applicant is in genuine need of a contribution towards her legal costs, having incurred substantial debts to fund her litigation. The respondent, with a net estate of R11 million, has the financial means to contribute. The respondent's engagement of Senior Counsel raised the scale of litigation, necessitating intervention to ensure both parties litigate on an equal footing. The principle of 'Equality of Arms' and the duty of support between spouses require the respondent to assist the applicant in securing adequate legal representation. The court considered both curre…

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• Rule 43 Contribution
• Equality Of Arms
• Duty Of Support
• Legal Costs In Divorce
• Constitutional Rights
• Financial Disparity

C.W.L v N.D.L (24232/2020)

C.W.L v N.D.L (24232/2020) [2024] ZAGPPHC 1370 (30 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

24232/2020

Judge

Joyini

The court refused to increase Rule 43 maintenance, finding no material change in circumstances, but ordered a further R660,000 contribution to legal costs.

• Spousal Maintenance
• Contribution To Legal Costs
• Rule 43 Variation
• Equality Of Arms
• Rule-43
• Spousal-maintenance

C.B v M.R.B (5645/2021)

C.B v M.R.B (5645/2021) [2024] ZAGPPHC 805 (5 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

5645/2021

Judge

JA Kok

The court held that Rule 43(6) distinguishes between applications for variation of maintenance, which require proof of a material change in circumstances, and applications for further contribution to legal costs, which require only proof that the previous contribution is inadequate. The applicant failed to show a material change in her circumstances but this was not a bar to her application for further contribution to legal costs. The applicant is an unemployed housewife with no independent means, and it would be inequitable to expect her to fund litigation from her own assets at this stage.…

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• Rule 43 Variation
• Contribution To Legal Costs
• Interim Maintenance
• Equality Of Arms
• Gender Inequality
• Matrimonial Property

S v S (2014/04605)

S v S (2014/04605) [2016] ZAGPJHC 357 (22 February 2016)

Court

South Gauteng High Court, Johannesburg

Case number

2014/04605

Judge

M.B. Mahalelo

The High Court granted a further Rule 43 contribution to the wife’s legal costs in divorce proceedings, and allowed departure from Rule 43 restrictions.

• Contribution Towards Legal Costs
• Rule 43 Applications
• Maintenance Pendente Lite
• Equality Of Arms
• Departure From Rule 43 Restrictions
• Rule-43

E.M.M v T.S.M (33221/10)

E.M.M v T.S.M (33221/10) [2013] ZAGPPHC 51 (14 February 2013)

Court

North Gauteng High Court, Pretoria

Case number

33221/10

Judge

T.J. Raulinga

Rule 43 application granted: the respondent was ordered to contribute R120,000 toward the applicant’s legal costs in a pending matrimonial action.

• Contribution Towards Costs
• Rule 43 Applications
• Customary Marriage
• Equality Of Arms
• Rule-43
• Contribution-towards-costs