South Africa Case Law

Fourie and Another v de Wet and Others (13080/2022)

Fourie and Another v de Wet and Others (13080/2022) [2023] ZAWCHC 112 (17 May 2023)

Court

Western Cape High Court, Cape Town

Case number

13080/2022

Judge

Pangarker

The court held that the terminology of 'care' as used in the Children’s Act and the High Court order encompasses the concept of 'custody' and 'legal custody' for all legal purposes, including the requirements of the medical aid scheme. Section 1(2) of the Children’s Act expressly provides that 'custody' must be construed to mean 'care', and the order granted the applicants both guardianship and care of the children. The medical aid scheme’s reliance on outdated terminology does not justify the exclusion of the children as dependents, as the legislative framework has replaced 'custody' with 'c…

Source excerpt

• Guardianship Of Minors
• Interpretation Of Children Act
• Medical Aid Dependents
• Urgent Ex Parte Relief

J.S.R v S.C.R (M473/15)

J.S.R v S.C.R (M473/15) [2016] ZANWHC 12 (29 March 2016)

Court

North West High Court, Mafikeng

Case number

M473/15

Judge

Landman

Divorce-related maintenance and costs application dismissed after the court found the respondent had no means to pay maintenance or contribute to costs.

• Maintenance
• Divorce
• Costs In The Cause
• Medical Aid Dependents
• Costs-in-the-cause
• Medical-aid

M.C.E v J.E (13495/2011)

M.C.E v J.E (13495/2011) [2011] ZAGPPHC 193 (14 September 2011)

Court

North Gauteng High Court, Pretoria

Case number

13495/2011

Judge

Makgoka

Rule 43 interim relief partly granted: the court refused interim maintenance and a costs contribution, but ordered the applicant’s reinstatement on the respondent’s medical aid.

• Interim Maintenance
• Contribution Towards Costs
• Medical Aid Dependents
• Rehabilitative Maintenance
• Rule-43
• Interim-maintenance

Holtzhausen v Holtzhausen (A133/07)

Holtzhausen v Holtzhausen (A133/07) [2008] ZAGPHC 387 (3 December 2008)

Court

High Courts - Gauteng

Case number

A133/07

Judges

WJ van der Merwe, FG Preller, LM Molopa

Appeal in a divorce and maintenance dispute dismissed, with the wife’s maintenance and medical aid entitlement upheld and costs awarded against the husband.

• Maintenance
• Accrual System
• Divorce Order
• Costs Award
• Medical Aid Dependents
• Divorce