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South Africa decisions
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M.D.P v W.T.P and Another (Appeal) (A139/2024) [2025] ZAWCHC 300 (17 July 2025)
Appeal upheld in a child-residence dispute, with the court replacing a shared-residence order by a term/holiday split and immediate parenting coordination.
H.E v M.M (2024/068431) [2025] ZAGPPHC 167 (13 February 2025)
A Rule 43 dispute over a minor child’s primary residence and legal-cost contribution. The court kept primary residence with the respondent, granted interim contact, and dismissed costs.
ZDE v CE (1011/2022) [2024] ZASCA 159 (18 November 2024)
The Supreme Court of Appeal refused leave to appeal in a divorce matter involving a minor child, holding that the High Court properly prioritized the child’s best interests over the settlement agreement.
L.Z (Previously R) v L.J.Z (071537/2024) [2024] ZAGPPHC 852 (27 August 2024)
The court found that the applicant's claims for maintenance and contribution to legal costs were reasonable and supported by the evidence of the parties' respective financial positions. The respondent's arguments regarding the prematurity of the legal costs application and limitations on certain expenses were not supported by law or fact. The applicant demonstrated a genuine need for relief, particularly given the special circumstances of the children and the respondent's substantial income and lifestyle. The respondent's willingness to accept most of the demands indicated no intent to shirk…
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S.S.S v C.T.S (77365/2019) [2024] ZAGPPHC 412 (19 April 2024)
The court found that the applicant's instructions to his former attorneys were not reflected in the filed plea and counterclaim, and the corrections sought are consistent with his original instructions. The application for amendment is bona fide, and an admission made in error may be withdrawn. Even if the admissions were deliberate, the court retains discretion to allow their withdrawal. The amendment does not introduce vagueness or embarrassment and the grounds for forfeiture have been pleaded. Although the delay in bringing the application was not fully explained, the respondent failed to…
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D.S.F v M.F and Another (347/2024) [2024] ZAFSHC 48 (16 February 2024)
An urgent family-law application was postponed after the court found that lis pendens and res judicata could not be decided without considering the merits.
N S v J N (506/2021) [2022] ZASCA 122 (19 September 2022)
The Supreme Court of Appeal dismissed an appeal about a minor child’s residence and contact because the matter had become moot after the child left South Africa.
T.T.M v N.M (16305/2022) [2022] ZAGPJHC 324 (3 August 2022)
The court found that the applicant's concerns regarding the respondent's alcohol consumption were substantiated by banking records showing significant liquor purchases. Given the pending expert investigation, the applicant was granted interim primary residence of the minor child, and the respondent's contact rights were limited as per the applicant's draft order. The applicant's claims for maintenance and legal costs were deemed reasonable based on her financial needs, the parties' marital standard of living, and the respondent's capacity to pay. The court exercised its discretion to award ma…
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B v B (58944/2021) [2022] ZAGPJHC 273 (3 May 2022)
The court refused condonation for the respondent’s late Rule 43 papers and granted interim maintenance, primary residence, costs, and related child-contact orders.
T.P.M v M.B.M (M439/19) [2021] ZANWHC 14 (16 March 2021)
The court found that while there is prima facie evidence of contempt of court by the respondent regarding multiple orders about the minor child's residence and care, a final determination cannot be made without a thorough investigation into the child's best interests. The respondent's defence, based on acting as a guardian and the incomplete Family Advocate report, raises issues that require the child's views and wishes to be properly considered. The court declined to declare the respondent a vexatious litigant, noting that her litigation, though forum shopping, does not meet the threshold fo…
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