South Africa Case Law

G.P.N v C.M.N (Review) (HC 07/2025)

G.P.N v C.M.N (Review) (HC 07/2025) [2025] ZANWHC 56 (17 March 2025)

Court

North West High Court, Mafikeng

Case number

HC 07/2025

Judges

Titus, Djaje

The court found that Mr Matheolwane, who appeared for the respondent in the maintenance enquiry, did not possess a valid right of appearance as required by the Legal Practice Act. His participation constituted a gross irregularity in terms of section 22(1)(c) of the Superior Courts Act. This irregularity infringed the respondent’s constitutional right to a fair hearing, as only admitted and enrolled legal practitioners may represent parties in court. The maintenance proceedings and interim order were therefore invalid and had to be set aside. The matter was remitted for rehearing before anoth…

Source excerpt

• Maintenance Enquiry
• Right Of Appearance
• Gross Irregularity
• Fair Hearing
• Legal Practitioner Admission

M.H.-T v T.M.H.-T (2023/076092)

M.H.-T v T.M.H.-T (2023/076092) [2024] ZAGPJHC 1176 (4 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/076092

Judge

Nieuwoudt

The court found that the respondent admitted non-compliance with the maintenance order and failed to provide credible evidence to rebut the presumption of wilfulness and mala fides. The respondent's explanations were vague, contradictory, and unsupported by documentation. He withheld relevant financial information and failed to take the court into his confidence. The respondent's conduct, including offering a BMW as payment while claiming to have no assets, withdrawing his maintenance application without pursuing available remedies, and failing to explain his monthly expenses, demonstrated in…

Source excerpt

• Spousal Maintenance
• Contempt Of Court
• Enforcement Of Court Orders
• Maintenance Enquiry

Matebe v Makhambi (CA&R 7/2020)

Matebe v Makhambi (CA&R 7/2020) [2023] ZANCHC 74 (3 November 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 7/2020

Judges

Williams, Stanton

The High Court set aside part-heard maintenance proceedings because no usable record could be found or reconstructed, and ordered a fresh hearing.

• Maintenance Enquiry
• Record Reconstruction
• Review Of Magistrate Decision
• Maintenance-enquiry
• Record-reconstruction
• Review-of-magistrates-court-decision

Modisane v Modisane and Another (10061/2018)

Modisane v Modisane and Another (10061/2018) [2018] ZAGPPHC 382 (13 March 2018)

Court

North Gauteng High Court, Pretoria

Case number

10061/2018

Judge

Tuchten

The High Court dismissed an urgent application to stop payment of a pension pending a maintenance enquiry, finding no evidence of intended dissipation.

• Maintenance Enquiry
• Anti Dissipation Interdict
• Urgent Interdict
• Pension Fund Payments
• Anti-dissipation-interdict
• Urgent-interdict

B.J.G v S (A652/13)

B.J.G v S (A652/13) [2014] ZAGPPHC 460 (17 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

A652/13

Judges

Makhoba, Kollapen

Appeal against a maintenance conviction dismissed. The court held that counsel’s poor performance, the lack of a maintenance enquiry, and the magistrate’s questioning did not show unfairness.

• Maintenance Act Offence
• Fair Trial Rights
• Legal Representative Incompetence
• Judicial Conduct
• Maintenance Enquiry
• Maintenance-act

N v N (CA&R22/2013)

N v N (CA&R22/2013) [2014] ZAECMHC 9 (26 February 2014)

Court

Eastern Cape High Court, Mthatha

Case number

CA&R22/2013

Judges

P.W. Tshiki, I.T. Stretch

The High Court remitted a maintenance appeal for a fresh enquiry after finding the magistrate had not properly established the appellant’s ability to pay.

• Maintenance Enquiry
• Assessment Of Ability To Pay
• Child Support
• Burden Of Proof In Maintenance
• Role Of Magistrate
• Remittal For Fresh Enquiry

S v Senyola (A133/2012)

S v Senyola (A133/2012) [2012] ZAGPPHC 29 (2 March 2012)

Court

North Gauteng High Court, Pretoria

Case number

A133/2012

Judges

M F Legodi, N Ranchod

On automatic review, the High Court set aside a conviction for failure to comply with a maintenance order and remitted the matter for a maintenance enquiry.

• Maintenance Order
• Failure To Comply
• Mens Rea
• Maintenance Enquiry
• Maintenance-order
• Failure-to-comply

Driescher v S (A439/09 & A354/06)

Driescher v S (A439/09 & A354/06) [2009] ZAWCHC 183; 2010 (1) SACR 443 (WCC) (20 November 2009)

Court

Western Cape High Court, Cape Town

Case number

A439/09 & A354/06

Judges

N.J. Yekiso, RT Williams

The High Court set aside a maintenance conviction where the charge referenced a repealed statute and the record was unclear, remitting the matter for a maintenance enquiry.

• Maintenance Order
• Failure To Pay Maintenance
• Maintenance Enquiry
• Consent Paper
• Criminal Procedure
• Maintenance-order

S v Toolo (79/01)

S v Toolo (79/01) [2001] ZANWHC 39 (20 September 2001)

Court

North West High Court, Mafikeng

Case number

79/01

Judges

M M Leeuw, B E Nkabinde

The High Court set aside a maintenance conviction and sentence after finding the magistrate failed to investigate the accused’s ability to pay and possible defence of inability.

• Maintenance Order Enforcement
• Failure To Pay Maintenance
• Criminal Procedure Act Section 112
• Maintenance Act Section 31
• Maintenance Enquiry
• Maintenance-order-enforcement