South Africa Case Law

FCP v STC and Another (A 46/2024 ; 1762021/000227)

FCP v STC and Another (A 46/2024 ; 1762021/000227) [2025] ZAWCHC 68; [2025] 2 All SA 415 (WCC) (29 January 2025)

Court

Western Cape High Court, Cape Town

Case number

A46/2024 ; 1762021/000227

Judges

Gordon-Turner, Ndita

The court held that a children’s court order terminating parental rights and responsibilities under section 28 of the Children’s Act does not terminate the parent’s maintenance obligation. The duty to support a child is a constitutional, statutory, and common law obligation that persists regardless of parental rights status. Section 15 of the Maintenance Act codifies this duty, and the Children’s Act does not repeal or override it. The maintenance court retains jurisdiction to enforce maintenance payments, and the child’s right to support cannot be extinguished except in cases of adoption. Th…

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• Maintenance Obligations
• Termination Of Parental Responsibilities
• Children S Act Interpretation
• Best Interests Of Child
• Jurisdiction Of Maintenance Court

W.J.V.J v E.V.J and Another (A58/2022)

W.J.V.J v E.V.J and Another (A58/2022) [2022] ZAFSHC 324 (17 November 2022)

Court

Free State High Court, Bloemfontein

Case number

A58/2022

Judges

L Mpama, P J Loubser

The High Court upheld an appeal and held that a maintenance dispute, where arbitration was agreed, should have been left to the arbitrator to decide jurisdiction.

• Maintenance Orders
• Arbitration Clauses In Settlement
• Kompetenz Kompetenz
• Jurisdiction Of Maintenance Court
• Maintenance-orders
• Arbitration-clauses

ED v The Maintenance Officer, Magistrates Court, Krugersdorp and Another (32221/2020)

ED v The Maintenance Officer, Magistrates Court, Krugersdorp and Another (32221/2020) [2021] ZAGPJHC 377 (3 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

32221/2020

Judge

J M Bezuidenhout

The court found that the maintenance officer's decision to refer the complaint for a section 10 enquiry did not adversely affect the applicant's rights and was not reviewable under the Promotion of Administrative Justice Act. The process was ongoing, and the applicant retained the right to appeal any order made by the Maintenance Court. The maintenance officer had fulfilled his statutory duties by investigating the complaint and engaging with both parties. The court agreed with previous judgments that interference in incomplete proceedings is unwarranted unless rights are adversely affected.…

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• Maintenance Act
• Review Of Administrative Action
• Interim Maintenance
• Jurisdiction Of Maintenance Court

M.F.I v N.I (A431/2017)

M.F.I v N.I (A431/2017) [2018] ZAWCHC 65 (11 June 2018)

Court

Western Cape High Court, Cape Town

Case number

A431/2017

Judges

J I Cloete, G Salie-Hlophe

The appeal was dismissed because the maintenance court lacked jurisdiction to suspend and set aside a warrant of execution issued pursuant to a High Court maintenance order. The statutory powers of the maintenance court under section 27 of the Maintenance Act are limited to setting aside a warrant only if the maintenance order has been fully complied with, or suspending a warrant only in conjunction with issuing an emoluments attachment or garnishee order. The appellant failed to establish any factual basis for set-off or enrichment, and did not provide sufficient evidence regarding the respo…

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• Maintenance Orders
• Warrant Of Execution
• Jurisdiction Of Maintenance Court
• Set Off
• Enrichment
• Variation Of Orders

Du Toit NO v Thomas NO and Others (635/15)

Du Toit NO v Thomas NO and Others (635/15) [2016] ZASCA 94 (1 June 2016)

Court

Supreme Court of Appeal

Case number

635/15

Judges

Ponnan, Majiedt, Mathopo, Fourie, Victor

The Supreme Court of Appeal held that the executor, having participated fully in the maintenance proceedings and not objected to jurisdiction at the hearing, was precluded from later challenging the maintenance court's jurisdiction. The court relied on established common law principles that a party who acquiesces and joins issue without raising jurisdictional objections is deemed to have waived such objections. The maintenance court had jurisdiction over the maintenance claim against the executor, and the executor's subsequent technical challenge was rejected. The executor's conduct was found…

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• Maintenance Of Minors
• Jurisdiction Of Maintenance Court
• Executor Liability
• Waiver Of Jurisdiction
• Costs De Bonis Propriis

B.J.D N.O v E.T N.O and Others (22649/2014)

B.J.D N.O v E.T N.O and Others (22649/2014) [2015] ZAWCHC 80; 2016 (4) SA 571 (WCC) (3 June 2015)

Court

Western Cape High Court, Cape Town

Case number

22649/2014

Judge

Donen

The court held that the Maintenance Act applies to executors of deceased estates and that the maintenance court has jurisdiction to make maintenance orders against an executor prior to the finalisation of the liquidation and distribution account. The executor is a 'person' legally liable to maintain a minor child for purposes of the Maintenance Act, and the child's right to maintenance arises from the family relationship, not inheritance. The Administration of Estates Act specifically empowers the executor, with the Master's consent, to release funds for the subsistence of the deceased's fami…

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• Maintenance Of Minors
• Executor Liability
• Administration Of Deceased Estates
• Jurisdiction Of Maintenance Court
• Constitutional Child Rights