M.A.M (Born M) v M.D.M (007044/22) [2025] ZAGPPHC 188 (26 February 2025)
Court
North Gauteng High Court, Pretoria
Case number
007044/22
Judge
Mabuse
Divorce judgment awarding division of the joint estate, rehabilitative spousal maintenance for five years, child residence with the plaintiff, and pension sharing.
JVDM and Others (104620/2024), Ex parte [2025] ZAGPPHC 187; 2025 (4) SA 616 (GP) (24 February 2025)
Court
North Gauteng High Court, Pretoria
Case number
104620/2024
Judge
Neukircher
The court found that the surrogate motherhood agreement complied with all requirements of Chapter 19 of the Children’s Act. Medical evidence from two specialists confirmed that the third applicant, CB, is healthy and capable of safely gestating another pregnancy and undergoing a sixth caesarean section. There is no statutory or regulatory limitation on the number of surrogacies or caesarean sections, and the surrogacy is altruistic, not commercial. The absence of legislative restriction is not for the court to remedy, as to do so would violate the separation of powers. Comparative research co…
R.C v M.C (5655/2024) [2024] ZANWHC 302 (28 November 2024)
Court
North West High Court, Mafikeng
Case number
5655/2024
Judge
WESSELS
The court held that Rule 43(6) does not permit the deletion and substitution of an existing order in the absence of a material change in circumstances. The relief sought by the applicant was akin to an appeal or review, which is not available in Rule 43 proceedings. The Constitutional Court in S v S and Another confirmed that Rule 43 orders are not appealable and that variation is only permissible where circumstances have materially changed. While the court retains an inherent discretion to remedy a patently unjust and erroneous order in exceptional cases, the present matter did not meet that…
KG v DG (B 957/2023) [2024] ZAGPPHC 1083 (29 October 2024)
Court
North Gauteng High Court, Pretoria
Case number
B 957/2023
Judge
Swanepoel
The court found that the respondent was aware of the Rule 43 order and had willfully failed to comply with its terms, including maintenance payments, vehicle expenses, and disclosure obligations. The respondent's explanations for non-compliance were unsubstantiated and contradicted by evidence of his financial position and priorities. The respondent's conduct, including misleading the Family Advocate and the court, demonstrated a deliberate disregard for his obligations. The court held that the applicant had proven, beyond a reasonable doubt, that the respondent was in contempt of court. Howe…
D.D v I.L and Another (16939/2024) [2024] ZAWCHC 215 (20 August 2024)
Court
Western Cape High Court, Cape Town
Case number
16939/2024
Judge
R K Parker
Urgent application to secure school placement for a minor was struck off for lack of urgency after the court found mediation had not been meaningfully pursued.
Warner v Hoesslin (2023/120036) [2024] ZAGPJHC 642 (12 July 2024)
Court
South Gauteng High Court, Johannesburg
Case number
2023/120036
Judge
C Todd
The High Court refused leave to appeal against a costs order in a parental rights dispute, finding no exceptional circumstances or reasonable prospects of success.
B.M.G.S v M.B.S and Others (26675/2022) [2024] ZAGPPHC 24 (8 January 2024)
Court
North Gauteng High Court, Pretoria
Case number
26675/2022
Judge
Phahlane
Urgent contempt application over non-compliance with child-access orders granted; the court found wilful disobedience and ordered imprisonment and immediate access.