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South Africa decisions
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S.J.H-C v R.M.L (8233/2017) [2025] ZAGPPHC 778 (25 July 2025)
The High Court dismissed an application to set aside a warrant of execution arising from a maintenance settlement agreement, with costs on a punitive scale.
S.S v M.A.S (110440/2025) [2025] ZAGPJHC 739 (25 July 2025)
The court found that the respondent had knowledge of the maintenance order and failed to comply with its terms, both historically and in the months immediately preceding the application. The respondent admitted arrears and made unilateral deductions from maintenance payments without legal entitlement. His defence of financial hardship was unsupported by evidence; he failed to provide bank statements, salary advices, or details of assets and expenses. The applicant, by contrast, provided documentary proof of the respondent's income and the limited liabilities on joint estate properties. The re…
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B.B.Y. v A.A.B.Y. (2022/17297) [2025] ZAGPJHC 747 (25 July 2025)
The High Court found a party in contempt for failing to comply with divorce and maintenance orders, rejected a Get-based conditionality defence, and suspended imprisonment on compliance.
E.K v P.K (079672/2023) [2025] ZAGPPHC 511 (15 March 2025)
The High Court granted final sequestration, finding the respondent insolvent, in default of judgment debts, and that sequestration could benefit creditors.
H.S.E v H.A.E (3350/2022) [2025] ZAFSHC 45 (26 February 2025)
The applicant failed to discharge the onus of proving, on a balance of probabilities, that a change in primary residence and care would be in the best interests of the minor children. The psychologist's report relied upon was outdated and did not address the children's views, which are statutorily required. The family advocate's report, which included the children's perspectives and a thorough assessment, found no evidence of parental alienation and recommended that residence remain with the respondent. The applicant's allegations were not supported by credible evidence, and his persistent li…
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S.A v N.B.A (1238/2020) [2024] ZAECQBHC 41 (26 November 2024)
The court found that the respondent's non-compliance with the maintenance order was not willful or mala fide. The respondent demonstrated efforts to purge contempt by selling vehicles, attempting to access pension funds, and putting properties on the market, with documentary proof provided. The applicant did not dispute these efforts. The respondent discharged the evidential burden to show that his default was not deliberate or malicious. The application for contempt was dismissed, but the respondent was ordered to pay R30,000 monthly until the arrears of R294,500 are settled. The issue of co…
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O.V v C.M.V (84818/2017) [2024] ZAGPPHC 1150 (13 November 2024)
The respondent lacked locus standi to enforce maintenance payments for the two children who had attained majority prior to the writ application. The right to claim maintenance for adult children vests in those children, not the custodian parent. The writ of execution was invalid as it sought arrears for adult children and did not comply with the prescribed form under Rule 45(1), being overly specific in directing attachment of a bank account. The application to vary the maintenance order was dismissed due to non-joinder of the adult children, who were not parties to the proceedings. The appli…
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M.R v L.O and Others (2023/070007) [2024] ZAGPJHC 371 (16 April 2024)
The High Court dismissed an urgent application to set aside or suspend a maintenance-related writ of execution, holding the respondent could elect the forum and awarding costs.
Dr V.N v Magistrate Z. Mjali District Court Magistrate EL and Others (EL246/2024) [2024] ZAECELLC 9 (20 March 2024)
The court refused to discharge a rule nisi staying execution of a garnishee order, extended interim relief, and directed an expedited transfer application.
R.P.C v L.G.Y (A5075/2022) [2023] ZAGPJHC 1256 (2 November 2023)
High Court appeal over maintenance and school-fee obligations in a divorce settlement was dismissed. The court held the agreement was not varied and private school fees remained payable.
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