South Africa Case Law

H.C.C and Another v N.E.M and Others (Reasons) (1790/2023)

H.C.C and Another v N.E.M and Others (Reasons) (1790/2023) [2025] ZALMPTHC 12 (25 July 2025)

Court

Limpopo High Court, Thohoyandou

Case number

1790/2023

Judge

Du Plessis

The court found that the applicant did not abuse the court process by requesting a virtual hearing, as the allocation was within the judicial functions of the Judge President. The applicant demonstrated urgency by acting immediately after the vehicle's attachment and provided sufficient explanation that substantial redress would not be available if the vehicle was sold before the pending applications were resolved. The court held that the applicant met the requirements for an interdict: he had a clear right to his property, faced irreparable harm due to the disproportionate value of the vehic…

Source excerpt

• Urgent Interdict
• Maintenance Order
• Rule 43 Application
• Fraudulent Court Order
• Child Paternity Dispute

D.D.B v T.D.B and Another (2025/073213)

D.D.B v T.D.B and Another (2025/073213) [2025] ZAWCHC 250 (19 June 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/073213

Judge

Mantame

High Court partly preserved sale proceeds for a child’s future maintenance, but refused to amend the divorce settlement agreement and ordered no costs.

• Maintenance Order
• Preservation Of Funds
• Reciprocal Duty Of Support
• Settlement Agreement Variation
• Best Interests Of Child
• Child-maintenance

S v Makumbila (01/2025)

S v Makumbila (01/2025) [2025] ZALMPPHC 60 (26 March 2025)

Court

Limpopo High Court, Polokwane

Case number

01/2025

Judges

M. Naude-Odendaal, J.T. Ngobeni

High Court review of a magistrate’s conversion of a maintenance prosecution into a maintenance enquiry before plea; the review was dismissed.

• Maintenance Order
• Criminal Procedure Review
• Conversion To Maintenance Enquiry
• Maintenance-order
• Criminal-procedure-review
• Maintenance-enquiry

M.J.M (Born P) v T.S.M (5955/2022)

M.J.M (Born P) v T.S.M (5955/2022) [2025] ZAFSHC 103 (19 March 2025)

Court

Free State High Court, Bloemfontein

Case number

5955/2022

Judge

Mbhele

The High Court found the respondent in contempt for failing to comply with a maintenance order, suspended a committal sentence, and varied interim child-care arrangements.

• Contempt Of Court
• Maintenance Order
• Variation Of Court Order
• Best Interests Of Child
• Rule 43 Application
• Contempt-of-court

T.J.M v C.H.M (2024/085826)

T.J.M v C.H.M (2024/085826) [2024] ZAGPJHC 1291 (17 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/085826

Judge

Windell

Leave to appeal was refused in a dispute about schooling arrangements for three minor children and the effect of a Rule 43 maintenance order.

• Maintenance Order
• Best Interests Of Children
• Leave To Appeal
• Rule 43 Proceedings
• Leave-to-appeal
• Rule-43

E.J.L v H.J.C.L (3254/2024)

E.J.L v H.J.C.L (3254/2024) [2024] ZAFSHC 390 (29 November 2024)

Court

Free State High Court, Bloemfontein

Case number

3254/2024

Judge

Mpama AJ

The High Court found the respondent in contempt for non-compliance with a maintenance order, imposed a suspended 30-day jail term, and ordered compliance.

• Maintenance Order
• Contempt Of Court
• Rule 43 Application
• Wilful Disobedience
• Contempt-of-court
• Maintenance-orders

W.L v J.R (22524/2019)

W.L v J.R (22524/2019) [2024] ZAWCHC 428 (7 November 2024)

Court

Western Cape High Court, Cape Town

Case number

22524/2019

Judge

Andrews AJ

The court found that the plaintiff contributed all funds for the acquisition of the marital assets, while the defendant's contributions were negligible and his conduct amounted to substantial misconduct. The defendant admitted in communications that he married the plaintiff to obtain property and tricked her into sharing her assets. The marriage was of short duration, and the cumulative effect of the duration, circumstances of breakdown, and misconduct justified forfeiture of patrimonial benefits. Regarding care and contact, the court accepted expert recommendations for gradual, supervised co…

Source excerpt

• Divorce Act Forfeiture
• Care And Contact
• Parenting Plan
• Maintenance Order
• Mirror Order
• Best Interests Of Child

F.P.M obo Z.N.M v Road Accident Fund (8854/2022)

F.P.M obo Z.N.M v Road Accident Fund (8854/2022) [2024] ZAGPJHC 1061 (21 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

8854/2022

Judge

S M Katzew

The court found that the maintenance order was unsuitable as evidence for quantifying the minor child's loss of support, given its disconnect from the child's current needs and age. The actuarial report dated 5 August 2022, which assumes the deceased's net income would be shared among his dependants, was accepted as the correct basis for quantification, as the defendant admitted its methodology and did not refute its assumptions. The court held that dependency should extend to age 21, applying the principle that support for a school-going child would likely continue until that age. The court…

Source excerpt

• Loss Of Support
• Maintenance Order
• Quantification Of Damages
• Curator Bonis Appointment
• Contingencies
• Minor Child Award Protection

N.P v M.N.P (43650/2018)

N.P v M.N.P (43650/2018) [2024] ZAGPPHC 1108 (17 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

43650/2018

Judge

N V Khumalo

The court held the defendant was domiciled in Germany when the parties married, so German matrimonial property law applied. It also awarded the plaintiff lifelong maintenance of R7,000 monthly.

• Matrimonial Domicile
• Foreign Marriage Regime
• Maintenance Order
• Division Of Estate
• Matrimonial-domicile
• Foreign-marriage

E.W v V.T.H (7333/2024)

E.W v V.T.H (7333/2024) [2024] ZAWCHC 310 (14 October 2024)

Court

Western Cape High Court, Cape Town

Case number

7333/2024

Judge

Parker, AJ

The court found the respondent in contempt for failing to comply with a maintenance and related support order for minor children, and imposed suspended periodic imprisonment.

• Contempt Of Court
• Maintenance Order
• Variation Of Court Order
• Best Interests Of Children
• Contempt-of-court
• Maintenance-order