South Africa Case Law

V.R.N v B.L.S (2024/058240)

V.R.N v B.L.S (2024/058240) [2025] ZAGPJHC 701 (18 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/058240

Judge

C Von Ludwig

The applicant failed to prove the existence of a valid and enforceable gamete donor agreement. The evidence showed that he was actively involved in the children’s lives and contributed financially, which is inconsistent with the role of a mere gamete donor. The court found that granting the declaratory order would unjustly deprive the children of paternal support and contravene the paramountcy of their best interests as required by the Children’s Act. The applicant’s reliance on section 40(3) was misplaced, as the provision is intended to protect donors in genuine donor scenarios, not to allo…

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• Parental Responsibilities
• Gamete Donor Agreement
• Children Best Interests
• Declaratory Relief
• Maintenance Obligations

WD Motors (Pty) Ltd v Shell South Africa Refining (Pty) Limited and Others (5341/2024)

WD Motors (Pty) Ltd v Shell South Africa Refining (Pty) Limited and Others (5341/2024) [2025] ZAFSHC 179 (17 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5341/2024

Judge

Daniso

The High Court granted eviction after finding lease breaches, including unauthorized subletting, non-ancillary use, and maintenance defaults, and held the lease was validly cancelled.

• Eviction Of Commercial Premises
• Breach Of Lease
• Unauthorized Subletting
• Maintenance Obligations
• Municipal Charges
• Broadcasting Act Compliance

J.V.S v M.V.S and Others (Appeal) (HCAA34/2023)

J.V.S v M.V.S and Others (Appeal) (HCAA34/2023) [2025] ZALMPPHC 101 (19 May 2025)

Court

Limpopo High Court, Polokwane

Case number

HCAA34/2023

Judges

Muller, Ngobeni, Makoti

The court found that the issue of whether the settlement agreement was void as contra bonos mores had become moot, as the agreement was no longer applicable after 2024. Regarding cancellation, the court held that the first respondent failed to pay R1,000,000 as part of the purchase price and did not remedy the breach despite demand, constituting repudiation. The appellant was entitled to cancel the agreement. The court a quo erred in finding otherwise. As for the prior order by Makgoba JP, intervening circumstances, including the sale of property by agreement and the winding up of the second…

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• Settlement Agreement Enforceability
• Maintenance Obligations
• Contract Cancellation
• Repudiation
• Public Policy
• Costs Award

F v F (2024/114386)

F v F (2024/114386) [2025] ZAGPJHC 174 (25 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/114386

Judge

WJ du Plessis

The respondent has been absent from the lives of the minor children for nearly eight years, failed to provide financial and emotional support, and refused to cooperate in matters concerning their welfare. The Voice of the Child report confirms that the children have no emotional attachment to the respondent and do not wish to have contact with him. The respondent's failure to fulfil his maintenance obligations and refusal to support the children's development further demonstrate abandonment of parental responsibilities. The evidence overwhelmingly supports that termination of the respondent's…

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• Termination Of Parental Rights
• Best Interests Of Child
• Guardianship
• Voice Of Child
• Maintenance Obligations

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

A.J.E v W.R.E and Others (2025/006632)

A.J.E v W.R.E and Others (2025/006632) [2025] ZAGPJHC 50 (29 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/006632

Judge

M Abro

The High Court ordered two children immediately re-enrolled at their schools after a father unilaterally withdrew them despite a court-ordered joint decision-making agreement.

• Joint Decision Making
• School Enrolment
• Best Interests Of Child
• Maintenance Obligations
• Mediation Clause
• Family-law

W.B v J.J.B (Leave to Appeal) (2021-43697)

W.B v J.J.B (Leave to Appeal) (2021-43697) [2024] ZAGPPHC 1312 (19 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2021-43697

Judge

Haupt AJ

Leave to appeal was refused in a divorce matter involving minor children, with the court holding it could amend the settlement order to protect their best interests.

• Divorce Act Section 6
• Children S Act Best Interests
• Maintenance Obligations
• Settlement Agreement Variation
• Family-law
• Divorce

K.A v A.E and Another (15857/24)

K.A v A.E and Another (15857/24) [2024] ZAWCHC 392 (27 November 2024)

Court

Western Cape High Court, Cape Town

Case number

15857/24

Judge

A Bhoopchand

The High Court terminated joint ownership of an ex-spouses’ property, held the applicant was entitled to half, and ordered sale by private treaty with equal division of proceeds.

• Actio Communi Dividundo
• Termination Of Joint Ownership
• Division Of Property
• Marriage By Islamic Rites
• Maintenance Obligations
• Actio-communi-dividundo

VJS v SH (19578/2024)

VJS v SH (19578/2024) [2024] ZAWCHC 333 (22 October 2024)

Court

Western Cape High Court, Cape Town

Case number

19578/2024

Judge

Lekhuleleni

The High Court terminated the applicant’s parental rights after DNA tests excluded him as the child’s biological father and accepted a remotely commissioned affidavit.

• Termination Of Parental Rights
• Commissioning Of Affidavits
• Paternity Fraud
• Maintenance Obligations
• Electronic Signature
• Best Interests Of Child

A.J v F.J (2024/001162)

A.J v F.J (2024/001162) [2024] ZAGPJHC 997 (4 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/001162

Judge

Mudau

The court allowed a mother to relocate with two minor children to Australia, dispensed with the father’s consent, set contact arrangements, and dismissed his counter-application.

• Relocation Of Minor Children
• Variation Of Custody
• Parental Responsibilities And Rights
• Children Act
• Best Interests Of Child
• Maintenance Obligations