South Africa Case Law

M.W v C.W (2462/2019)

M.W v C.W (2462/2019) [2025] ZANCHC 34 (11 April 2025)

Court

Northern Cape High Court, Kimberley

Case number

2462/2019

Judge

Nxumalo

The court found that the marriage between the plaintiff and the third party was not valid due to non-compliance with the prescribed formalities under the Marriage Act and applicable regulations. The marriage officer lacked authority, and the marriage was never registered with the Department of Home Affairs. The evidence established that the impugned marriage was null and void ab initio, and thus did not affect the validity of the subsequent marriage between the plaintiff and the defendant. The defendant failed to show good cause for condonation of late application for reasons, and the special…

Source excerpt

• Nullity Of Marriage
• Marriage Act Formalities
• Registration Of Marriage
• Declaratory Order
• Accrual System
• Maintenance Claim

Stander v Daly and Others (M521/2022)

Stander v Daly and Others (M521/2022) [2024] ZANWHC 225 (6 September 2024)

Court

North West High Court, Mafikeng

Case number

M521/2022

Judge

J T Djaje

The court granted condonation and referred a dispute about a claimed universal partnership to oral evidence to resolve conflicting facts about maintenance and inheritance.

• Universal Partnership
• Maintenance Claim
• Inheritance Rights
• Interim Interdict
• Dispute Of Fact
• Condonation

M.G.M v S.M.M (Born J) (772/2021)

M.G.M v S.M.M (Born J) (772/2021) [2023] ZAMPMHC 36 (17 October 2023)

Court

Middelburg High Court, Mpumalanga

Case number

772/2021

Judge

MBG Langa

Divorce granted after a 12-year marriage in community of property. The court refused forfeiture, ordered equal division of the joint estate, and made reciprocal pension orders.

• Divorce
• Division Of Joint Estate
• Forfeiture Of Patrimonial Benefits
• Pension Interest
• Maintenance Claim
• Forfeiture-of-patrimonial-benefits

A.M v S.M.M (45707/2021)

A.M v S.M.M (45707/2021) [2023] ZAGPJHC 965 (25 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

45707/2021

Judge

Noko

The High Court granted an application to uplift a bar in a divorce matter, finding good cause on the defendant’s explanation and arguable defence.

• Upliftment Of Bar
• Good Cause Requirement
• Divorce Proceedings
• Maintenance Claim
• Forfeiture Of Benefits
• Upliftment-of-bar

M.B v J.P.M (49323/2021)

M.B v J.P.M (49323/2021) [2023] ZAGPJHC 449 (9 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

49323/2021

Judge

ML Senyatsi

The High Court granted final sequestration after finding the respondent committed an act of insolvency when a nulla bona return followed unsatisfied execution.

• Sequestration
• Act Of Insolvency
• Nulla Bona Return
• Maintenance Claim
• Divorce Settlement
• Act-of-insolvency

G.J.V v M.V

G.J.V v M.V [2023] ZAGPPHC 78; 48308/2011 (14 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

48308/2011

Judge

Neukircher

Divorce granted in a long-separated marriage, with partial forfeiture of the defendant’s pension interest and no maintenance award.

• Divorce Act Section 9
• Forfeiture Of Patrimonial Benefits
• Maintenance Claim
• Division Of Joint Estate
• Divorce
• Forfeiture-of-patrimonial-benefits

M.R.M v N.S.M (78893/2018)

M.R.M v N.S.M (78893/2018) [2022] ZAGPPHC 680 (12 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

78893/2018

Judge

Neukircher

Divorce judgment on forfeiture of patrimonial benefits, where the court granted a partial pension order and awarded costs against the plaintiff.

• Forfeiture Of Patrimonial Benefits
• Division Of Joint Estate
• Customary Marriage Validity
• Maintenance Claim
• Financial Disclosure
• Forfeiture-of-patrimonial-benefits

E.S and Another v Kopa and Others (19113/2019)

E.S and Another v Kopa and Others (19113/2019) [2021] ZAGPPHC 774 (15 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

19113/2019

Judge

Joubert

The High Court dismissed an application to remove an executor, finding no proven universal partnership, maladministration, or disqualifying conflict of interest.

• Removal Of Executor
• Universal Partnership
• Conflict Of Interest
• Maintenance Claim
• Liquidation And Distribution Account
• Removal-of-executor

Fisher v Dericksen N.O and Others (65494/2020)

Fisher v Dericksen N.O and Others (65494/2020) [2021] ZAGPPHC 512 (29 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

65494/2020

Judge

L Sisilana

The court dismissed an application for an interim interdict stopping estate distribution, holding there was no pending review or appeal under section 95 of the Administration of Estates Act.

• Interim Interdict
• Maintenance Claim
• Administration Of Estates Act
• Life Partnership
• Objection To Liquidation Account
• Interim-interdict

De Kok v Van Niekerk (1614/2020)

De Kok v Van Niekerk (1614/2020) [2021] ZAFSHC 140 (21 May 2021)

Court

Free State High Court, Bloemfontein

Case number

1614/2020

Judge

Mhlambi

The High Court dismissed an application to place the first respondent under curatorship and to interdict payments, finding the evidence insufficient and Rule 57 non-compliance.

• Curatorship
• Rule 57 Uniform Rules
• Maintenance Claim
• Prodigal Interdict
• Uniform-rule-57
• Interdicts