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South Africa Case Law

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Family And Children [2025] ZAWCHC 337

N.L.D v M.L (5785/22)

N.L.D v M.L (5785/22) [2025] ZAWCHC 337 (6 August 2025)

High Court granted payment of arrear maintenance under a Rule 43 order and held the respondent’s non-payment was wilful, with leave to pursue contempt if unpaid.

  • Rule 43 Interim Maintenance
  • Arrear Maintenance
  • Contempt Of Court
  • Reciprocal Duty Of Support
  • Rule-43-maintenance
  • Arrear-maintenance
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Family And Children [2024] ZAGPPHC 1337

J.P.N v N.A.N (51791/2020)

J.P.N v N.A.N (51791/2020) [2024] ZAGPPHC 1337 (17 December 2024)

The court found that the applicant and children are in need of interim maintenance pending the finalisation of divorce proceedings. The applicant's financial position has deteriorated due to unemployment, mental health issues, and cancer diagnosis, and she no longer receives income from joint business interests. The respondent has substantial means and historically paid for the family's expenses, but has ceased doing so since separation. The applicant's expenses are reasonable and consistent with the marital standard of living. The respondent's arguments regarding the applicant's earning capa…

  • Rule 43 Interim Maintenance
  • Spousal Maintenance
  • Child Maintenance
  • Best Interests Of Child
  • Costs In The Cause
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Family And Children [2024] ZAECQBHC 60

E.M.T v N.T (3672/2023)

E.M.T v N.T (3672/2023) [2024] ZAECQBHC 60 (10 October 2024)

The court found the respondent in contempt of a Rule 43 maintenance order, but suspended the sentence. It also reduced interim maintenance from R15,000 to R7,500.

  • Rule 43 Interim Maintenance
  • Contempt Of Court
  • Variation Of Interim Order
  • Material Non Disclosure
  • Costs Award
  • Rule-43-interim-maintenance
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Family And Children [2024] ZAGPPHC 672

L.M.G V J.M.G (124145/2023)

L.M.G V J.M.G (124145/2023) [2024] ZAGPPHC 672 (9 July 2024)

The High Court found the respondent in contempt of a Rule 43 interim maintenance order, holding that his non-compliance was willful and mala fide.

  • Rule 43 Interim Maintenance
  • Contempt Of Court
  • Willful Disobedience
  • Maintenance Orders
  • Contempt-of-court
  • Rule-43
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Family And Children [2023] ZAGPJHC 1399

A.M v M.M (2023 / 042690)

A.M v M.M (2023 / 042690) [2023] ZAGPJHC 1399 (1 December 2023)

Rule 43 application partly granted: spousal maintenance was refused, but child maintenance, school fees, domestic worker costs, medical aid excess, rent, and costs were ordered.

  • Rule 43 Interim Maintenance
  • Spousal Maintenance
  • Child Maintenance
  • Contribution To Legal Costs
  • Custody And Access
  • Customary Marriage Dispute
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Family And Children [2023] ZAGPJHC 1176

R.H.M v C.D.M (37409/2018)

R.H.M v C.D.M (37409/2018) [2023] ZAGPJHC 1176 (18 October 2023)

The court dealt with urgent enforcement of a suspended contempt sentence, declining most ancillary relief but ordering the respondent to serve 14 days' periodic imprisonment.

  • Rule 43 Interim Maintenance
  • Contempt Of Court
  • Periodic Imprisonment
  • Division Of Joint Estate
  • Pension Interest
  • Costs Orders
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Family And Children [2023] ZAGPJHC 1012

H v Sheriff Johannesburg North and Another (2020/44450)

H v Sheriff Johannesburg North and Another (2020/44450) [2023] ZAGPJHC 1012 (11 September 2023)

The court dismissed an application to suspend Rule 43 maintenance orders, finding a prior undertaking barred the request and that no stay was justified in the interests of justice.

  • Rule 43 Interim Maintenance
  • Stay Of Execution
  • Pactum De Non Petendo
  • Costs Punitive Order
  • Rule-45a-stay-of-execution
  • Rule-43-maintenance
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Criminal Law [2023] ZAFSHC 334

D.T v Magistrate Bester and Others (3376/2022)

D.T v Magistrate Bester and Others (3376/2022) [2023] ZAFSHC 334 (23 August 2023)

The High Court reviewed a magistrate’s bare acquittal on a private perjury prosecution and ordered a proper section 310(1) response with reasons.

  • Private Prosecution
  • Magistrates Court Review
  • Failure To Provide Reasons
  • Section 310 Criminal Procedure Act
  • Rule 43 Interim Maintenance
  • Private-prosecution
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Family And Children [2023] ZAGPPHC 612

V.N.D v V.N.J-J (63604/2021)

V.N.D v V.N.J-J (63604/2021) [2023] ZAGPPHC 612 (2 August 2023)

Rule 43 interim maintenance decision in a divorce matter, awarding monthly maintenance, school and medical expenses, and a legal-costs contribution.

  • Rule 43 Interim Maintenance
  • Parental Rights And Responsibilities
  • Contribution To Legal Costs
  • Primary Residence
  • Contact Rights
  • Rule-43
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Family And Children [2023] ZAGPPHC 582

Y.M v T.J.M (26526/2022)

Y.M v T.J.M (26526/2022) [2023] ZAGPPHC 582 (13 July 2023)

The court found the applicant had established a genuine need for interim maintenance, as evidenced by her financial shortfall and reliance on her parents. The respondent's claims of limited means were found improbable given his lifestyle and access to family assets. The applicant's maintenance requirements were deemed reasonable and reflective of the standard of living during the marriage. The respondent was ordered to pay R42,600 per month, cover school and medical expenses, and provide a suitable motor vehicle. Supervised contact was ordered in the best interests of the minor children, pend…

  • Rule 43 Interim Maintenance
  • Parental Responsibilities And Rights
  • Contribution Towards Legal Costs
  • Children S Act
  • Supervised Contact
  • Maintenance Pendente Lite
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.