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South Africa decisions
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S.P.E v B.N (015692/2025) [2025] ZAGPPHC 170 (20 February 2025)
The High Court dismissed an urgent application to suspend a Children’s Court interim care order or grant interim contact, holding that appeal or review was the proper route.
D.T and Another v MAMF (2023-119659) [2023] ZAGPJHC 1423 (8 December 2023)
The court found that the relevant paragraph of the order was a declaration of the applicants' rights to contact with Minor S, not an enforceable obligation on the respondent to facilitate or compel such contact. There was no evidence of non-compliance by the respondent, as she brought Minor S to the designated location and did not obstruct the applicants' rights. The refusal of Minor S to accompany the applicants was voluntary and repeatedly expressed. Even if the order were interpreted to impose obligations on the respondent, the evidence did not establish wilfulness or mala fides beyond rea…
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C (22143/2018), R v [2022] ZAGPJHC 624 (28 August 2022)
The court held that the Rule 43(6) order granted by Nyathi AJ is interlocutory and not final in effect, and therefore not suspended by the pending appeal on the lis pendens point. Section 16(3) of the Superior Courts Act prohibits appeals against Rule 43 orders, and section 18(2) provides that interlocutory orders remain operative unless the court orders otherwise under exceptional circumstances. The respondent's appeal relates only to the dismissal of the lis pendens point and not to the merits of the Rule 43(6) order. The court found that the respondent's actions in delaying implementation…
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