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South Africa decisions
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D.J.M.F and Another v L.F and Others (749/2020) [2024] ZAGPPHC 1315 (11 December 2024)
The High Court refused to separate divorce issues from maintenance, accrual and trust claims, holding that the applicant had not shown proper grounds under Rule 33(4).
E.W v V.H (12272/2022) [2023] ZAWCHC 58; [2023] 2 All SA 404 (WCC); 2023 (4) SA 123 (WCC) (17 March 2023)
The majority held that the applicant failed to establish the necessity or appropriateness of developing the common law to recognise a duty of support between unmarried opposite-sex permanent life partners following termination of the relationship. The court found that the applicant already has a common law remedy, as recent jurisprudence (Bwanya) recognises that a duty of support may arise in relationships akin to marriage, provided it is proven in a familial setting. The pending action is the appropriate forum to determine the existence of such a partnership and any entitlement to maintenanc…
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Mitchell and Another v Mitchell N.O. and Others (5380/2022) [2022] ZAFSHC 355 (29 December 2022)
Urgent relief by two trust beneficiaries for stipends, rent, and medical aid was refused after the court found the disputes required oral evidence.
De Bruyn v Master of the High Court, Pretoria and Others (66520/2018) [2022] ZAGPPHC 263 (21 April 2022)
The High Court dismissed an objection to a deceased estate account, allowed condonation for late filing, and refused to remove the executrix.
Naidoo v Duki and Another (D5741/2019) [2021] ZAKZDHC 43 (14 December 2021)
High Court review of a regional court divorce ruling was dismissed because no gross irregularity was shown and the matter was still incomplete.
Swart N.O and Others v Lukhaimane N.O and Others (54157/2019) [2021] ZAGPPHC 124 (12 February 2021)
The High Court reviewed and set aside a pension fund’s decision to award all death benefits to a spouse, ordering a fresh investigation under section 37C.
Scharrighuisen NO and Others v Scharrighuisen and Others (6837/2020) [2021] ZAWCHC 19 (21 January 2021)
The court found that the subpoena was not premature, irrelevant, or an abuse of process. The documents sought were relevant to the issues in dispute, particularly the plaintiff's claims for maintenance and the nature of the trust assets. Confidentiality did not bar production, and no privilege was claimed. The trust failed to demonstrate any prejudice or that the subpoena was issued for an extraneous purpose. The trust also failed to establish locus standi or a sufficient interest in setting aside the subpoena, especially as the first defendant did not object. The court held that the procedur…
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R.S N.O and Others v C.M.S and Others (6837 / 2020) [2021] ZAWCHC 6 (21 January 2021)
The High Court refused to set aside a subpoena for trust bank records in a divorce dispute, finding the documents relevant and no abuse of process shown.
CS v TS (645/2020) [2020] ZAECPEHC 45 (12 November 2020)
High Court leave-to-amend case on pleadings, maintenance and damages. Most objections failed, but an unquantified vehicle-maintenance amendment was refused.
Dawood v Rahman (6578/2019) [2019] ZAKZPHC 68 (28 October 2019)
The court held that Rule 43 interim relief was unavailable on the papers because there was no pending recognised divorce proceeding. The applicant was given leave to amend.
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