South Africa Case Law

M.S.M (born M[...]) v A.R.M (2021/36970)

M.S.M (born M[...]) v A.R.M (2021/36970) [2025] ZAGPPHC 457 (30 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2021/36970

Judge

Nyathi

The court found that the applicant had demonstrated a material change in her financial circumstances since the initial Rule 43 order. The maintenance awarded previously was insufficient to meet her living and medical needs, and the respondent had failed to provide suitable accommodation and pay medical expense shortfalls. The respondent's opposition was based on bare denials and unsupported assertions, and he failed to provide full financial disclosure. The applicant's need for increased maintenance, suitable accommodation, arrear medical expenses, and a further contribution to legal costs wa…

Source excerpt

• Maintenance Variation
• Contribution To Legal Costs
• Financial Disclosure
• Interim Relief
• Medical Expenses

C.H v L.H (Reasons) (32/2025)

C.H v L.H (Reasons) (32/2025) [2025] ZAWCHC 11 (23 January 2025)

Court

Western Cape High Court, Cape Town

Case number

32/2025

Judge

Pangarker

Urgent application to relocate a child and change schools struck off the roll for self-created urgency and lack of proper consultation with the father.

• Children S Act
• Parenting Plan
• Urgent Application
• Maintenance Variation
• Best Interests Of Child
• Child-relocation

K.L.W v C.S.W (2020/35177)

K.L.W v C.S.W (2020/35177) [2025] ZAGPJHC 41 (22 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/35177

Judge

F. Marcandonatos

The court found that the applicant, having moved in with and being supported by her boyfriend, is not entitled to maintenance from the respondent, as it would be unjust and contrary to public policy for her to receive support from both men. The applicant's financial disclosure revealed she is living rent-free, has access to resources, and is supported by her boyfriend, who has paid her legal costs. Regarding the children, the court accepted that there has been a material change in circumstances, with increased expenses substantiated by the applicant. The respondent's financial disclosure demo…

Source excerpt

• Maintenance Variation
• Spousal Support
• Child Support
• Rule 43 Procedure

M.S.H v J.S.H (Reasons) (618/2019)

M.S.H v J.S.H (Reasons) (618/2019) [2024] ZAWCHC 406 (29 November 2024)

Court

Western Cape High Court, Cape Town

Case number

618/2019

Judge

Lekhuleni

The High Court varied a Rule 43 maintenance order after the father sold the family home, but protected the mother and children from homelessness.

• Maintenance Variation
• Rule 43 Application
• Best Interests Of Child
• Spousal Support
• Arrear Maintenance
• Accommodation Obligation

CVS v SV (18688/2022)

CVS v SV (18688/2022) [2024] ZAWCHC 340 (25 October 2024)

Court

Western Cape High Court, Cape Town

Case number

18688/2022

Judge

Lekhuleni

Rule 43(6) maintenance variation dismissed: the court found no material change, inadequate disclosure of assets, and held the children’s needs came first.

• Maintenance Variation
• Rule 43 Procedure
• Best Interests Of Child
• Full And Frank Disclosure
• Maintenance-variation
• Rule-43

CL v ZL (Appeal) (A181/2024)

CL v ZL (Appeal) (A181/2024) [2024] ZAWCHC 325 (21 October 2024)

Court

Western Cape High Court, Cape Town

Case number

A181/2024

Judges

Wille, J, Kholong, AJ

The High Court dismissed an appeal against a maintenance variation order, holding that no misdirection or irregularity was shown and the children’s best interests were properly served.

• Maintenance Variation
• Best Interests Of Child
• Parental Support Duty
• Maintenance Act Application
• Variation Of Court Order
• Maintenance-variation

M.M v R.O (6296/2022)

M.M v R.O (6296/2022) [2024] ZAWCHC 203 (13 August 2024)

Court

Western Cape High Court, Cape Town

Case number

6296/2022

Judge

E.D Wille

The court dismissed a reconsideration application and upheld an order requiring the applicant’s brother to produce documents and give oral evidence in a Rule 43 variation matter.

• Maintenance Variation
• Rule 43 Procedure
• Sequestration Effects
• Confidentiality Of Documents
• Best Interests Of Child
• Rule-43-procedure

L.S v J.S (23967/2012)

L.S v J.S (23967/2012) [2024] ZAGPJHC 653 (2 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

23967/2012

Judge

L DE SOUZA-SPAGNOLETTI

The High Court varied a long-running Rule 43 maintenance order downward, finding changed financial circumstances for both spouses and refusing further legal-costs support.

• Maintenance Variation
• Rule 43 Applications
• Interim Relief
• Contribution To Legal Costs
• Change In Circumstances
• Maintenance-variation

C.E v N.E (EL 1710 / 2022)

C.E v N.E (EL 1710 / 2022) [2024] ZAECELLC 36 (9 July 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1710 / 2022

Judge

A M Bodlani

The High Court varied a Rule 43 maintenance order, holding that the R15,000 payment was not for accommodation only but cash maintenance. It reduced the amount to R4,000 per month.

• Maintenance Variation
• Interpretation Of Court Orders
• Uniform Rule 43
• Cash Maintenance
• Change In Circumstances
• Maintenance-variation

L.J v P.H.A.J (HCA35/2022)

L.J v P.H.A.J (HCA35/2022) [2023] ZALMPPHC 49 (18 July 2023)

Court

Limpopo High Court, Polokwane

Case number

HCA35/2022

Judges

M S Monene, MV Semenya

High Court held the respondent failed to show changed circumstances justifying reduced maintenance; the original order was restored.

• Maintenance Variation
• Maintenance Act 99 Of 1998
• Divorce Settlement
• Changed Circumstances
• Pacta Sunt Servanda
• Maintenance-variation