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South Africa Case Law

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Family And Children [2025] ZAGPJHC 691

S.R. v S.T.M. (2022/048303)

S.R. v S.T.M. (2022/048303) [2025] ZAGPJHC 691 (15 July 2025)

The High Court ordered the respondent to file a financial disclosure form in a Rule 43 dispute, rejecting privacy objections and holding that disclosure remained required despite a disputed marriage.

  • Customary Marriage Dispute
  • Rule 43 Maintenance
  • Financial Disclosure
  • Practice Directive Compliance
  • Spousal Maintenance
  • Child Maintenance
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Family And Children [2025] ZAWCHC 212

S.L v A.C (Reasons) (2024/143281)

S.L v A.C (Reasons) (2024/143281) [2025] ZAWCHC 212 (21 May 2025)

High Court contempt reasons in a Rule 43 maintenance dispute. The respondent was found in contempt for non-payment of rental and arrears; a curator ad litem application failed.

  • Rule 43 Maintenance
  • Contempt Of Court
  • Arrear Maintenance
  • Curator Ad Litem
  • Punitive Costs
  • Rule-43-maintenance
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Family And Children [2025] ZAGPPHC 488

S.Z.M (Born N[...]) v M.N.M (2024-127136)

S.Z.M (Born N[...]) v M.N.M (2024-127136) [2025] ZAGPPHC 488 (16 April 2025)

The court held that a respondent who complied with a Rule 43 maintenance order only after service of a contempt application was still liable for the applicant’s costs.

  • Rule 43 Maintenance
  • Contempt Of Court
  • Costs Award
  • Urgent Application
  • Rule-43
  • Maintenance
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Family And Children [2025] ZAGPJHC 40

R.G.S v M.S (21620/2019)

R.G.S v M.S (21620/2019) [2025] ZAGPJHC 40 (24 January 2025)

The High Court set aside a warrant of execution for Rule 43 maintenance arrears, finding the amounts claimed were uncertain and included items outside the order.

  • Rule 43 Maintenance
  • Warrant Of Execution
  • Affidavit Procedure
  • Quantification Of Judgment Debt
  • Contempt Of Court
  • Rule-43-maintenance
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Family And Children [2024] ZAGPPHC 1015

GK v KK (2015-96997)

GK v KK (2015-96997) [2024] ZAGPPHC 1015 (16 October 2024)

Urgent divorce-separation application dismissed where relocation abroad, child-related prejudice, and unenforceable orders outweighed convenience.

  • Separation Of Issues
  • Rule 43 Maintenance
  • Best Interests Of Child
  • Jurisdiction
  • Punitive Costs
  • Separation-of-issues
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Family And Children [2024] ZAGPPHC 936

JB v HMB (31011/2021)

JB v HMB (31011/2021) [2024] ZAGPPHC 936 (25 September 2024)

The respondent's own admissions, including his email correspondence, confirm that he was aware of his obligations under the Rule 43 order and failed to comply with them. His defence that a settlement agreement resolved the maintenance obligations is contradicted by his subsequent acknowledgment of arrears. The respondent did not discharge the evidential burden to show that his non-compliance was not wilful or mala fide. The court finds that the respondent's failure to pay maintenance, school fees, and medical expenses as ordered constitutes contempt of court. The respondent's arguments regard…

  • Rule 43 Maintenance
  • Contempt Of Court
  • Arrear Maintenance
  • Suspended Sentence
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Family And Children [2024] ZALMPTHC 30

N.E.M v H.C.C and Another (1790/2023)

N.E.M v H.C.C and Another (1790/2023) [2024] ZALMPTHC 30 (2 September 2024)

The High Court held the first respondent in contempt for failing to comply with a Rule 43 maintenance order and issued coercive enforcement relief.

  • Rule 43 Maintenance
  • Contempt Of Court
  • Spousal Maintenance
  • Child Maintenance
  • Urgent Application
  • Costs Order
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Family And Children [2024] ZAGPJHC 751

TD v LD and Others (32195/2017)

TD v LD and Others (32195/2017) [2024] ZAGPJHC 751 (12 August 2024)

The High Court separated the divorce decree from ancillary disputes, allowing the divorce to proceed while accrual, trust, and maintenance issues continue later.

  • Divorce Decree Separation
  • Accrual System
  • Sham Trusts
  • Spousal Maintenance
  • Rule 43 Maintenance
  • Uniform Rule 33 4
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Family And Children [2024] ZAGPJHC 830

A.K (Born R) v P.B.K (093370/23)

A.K (Born R) v P.B.K (093370/23) [2024] ZAGPJHC 830 (8 August 2024)

Rule 43 interim relief granted in a divorce-related matter: child maintenance increased, contact regulated, and 50% of mortgage bond payable pendente lite.

  • Rule 43 Maintenance
  • Parental Responsibilities And Rights
  • Division Of Co Owned Property
  • Pendente Lite Relief
  • Rule-43
  • Child-maintenance
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Family And Children [2024] ZAGPPHC 215

J.H.D.P v C.D.P (10025/2021)

J.H.D.P v C.D.P (10025/2021) [2024] ZAGPPHC 215 (22 February 2024)

The High Court granted separation of issues in a divorce matter, confirmed the divorce, and ordered existing Rule 43 maintenance orders to remain in force.

  • Divorce
  • Separation Of Issues
  • Spousal Maintenance
  • Redistribution Order
  • Rule 43 Maintenance
  • Separation-of-issues
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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.