South Africa Case Law

S.S v M.A.S (110440/2025)

S.S v M.A.S (110440/2025) [2025] ZAGPJHC 739 (25 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

110440/2025

Judge

Abro

The court found that the respondent had knowledge of the maintenance order and failed to comply with its terms, both historically and in the months immediately preceding the application. The respondent admitted arrears and made unilateral deductions from maintenance payments without legal entitlement. His defence of financial hardship was unsupported by evidence; he failed to provide bank statements, salary advices, or details of assets and expenses. The applicant, by contrast, provided documentary proof of the respondent's income and the limited liabilities on joint estate properties. The re…

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• Maintenance Enforcement
• Contempt Of Court
• Rule 43 Orders
• Urgent Relief
• Division Of Joint Estate

KG v DG (B 957/2023)

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…

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• Maintenance
• Contempt Of Court
• Rule 43 Orders
• Parental Rights
• Interim Relief

R.K v I.K (Sanction) (17760/2019)

R.K v I.K (Sanction) (17760/2019) [2024] ZAWCHC 307 (25 September 2024)

Court

Western Cape High Court, Cape Town

Case number

17760/2019

Judge

Andrews

The court sentenced the respondent to 30 days’ correctional supervision, with house arrest and reporting conditions, after finding imprisonment inappropriate.

• Contempt Of Court
• Rule 43 Orders
• Correctional Supervision
• Insolvent Estate
• Costs Discretion
• Contempt-of-court

O.D.G v Z.G (CA42/2024)

O.D.G v Z.G (CA42/2024) [2024] ZAECMHC 70 (28 August 2024)

Court

Eastern Cape High Court, Mthatha

Case number

CA42/2024

Judges

B Hartle, F Dawood, M Makaula

Appeal dismissed in a family-law contempt matter arising from Rule 43 maintenance and bond obligations, with the court holding that wilful contempt for committal was not proved.

• Contempt Of Court
• Rule 43 Orders
• Maintenance Arrears
• Committal Proceedings
• Contempt-of-court
• Rule-43-orders

E.D v H.D (2023/107780)

E.D v H.D (2023/107780) [2024] ZAGPJHC 499 (24 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/107780

Judge

Goodenough

The court dismissed a custody-related urgent application seeking to restore a prior order, finding immediate return of the children would disrupt their welfare.

• Interim Custody
• Best Interests Of Child
• Rule 43 Orders
• Stay Of Execution
• Parental Rights And Responsibilities
• Interim-custody

N.S v R.S and Another (2023-036122)

N.S v R.S and Another (2023-036122) [2024] ZAGPJHC 182 (6 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-036122

Judge

C van de Venter

The High Court dismissed an urgent contempt application in a divorce matter, finding it premature and not urgent, with costs reserved to the main action.

• Rule 43 Orders
• Civil Contempt
• Urgent Applications
• Costs In Cause
• Civil-contempt
• Urgent-applications

M.O v R.O and Another (15617/2022)

M.O v R.O and Another (15617/2022) [2024] ZAWCHC 8; - (5 January 2024)

Court

Western Cape High Court, Cape Town

Case number

15617/2022

Judge

Nziweni

The court held that arrear maintenance could be attached from retirement annuity funds under section 26, and that the application was not premature.

• Maintenance Act Section 26
• Rule 43 Orders
• Attachment Of Retirement Funds
• Arrear Maintenance
• Contempt Of Court
• Maintenance-act-section-26

H v S.H - Ex tempore (44450/2020)

H v S.H - Ex tempore (44450/2020) [2023] ZAGPJHC 1385 (23 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

44450/2020

Judge

Ingrid Opperman

The court found that the applicant failed to discharge the double requirement of reasonableness in the recusal test. The grounds advanced were based on the judge's factual findings and procedural management of the case, not on any conduct or statements that would lead a reasonable, objective person to apprehend bias. The judge's references to the absence of bank statements and the allocation of evidentiary burdens were matters of law and fact, not evidence of partiality. The application was procedurally irregular, having been launched orally and at the last minute without proper notice or sup…

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• Recusal Of Judge
• Reasonable Apprehension Of Bias
• Costs Award
• Rule 43 Orders

P.T.T v S.T (85596/2017)

P.T.T v S.T (85596/2017) [2023] ZAGPPHC 605 (31 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

85596/2017

Judge

Skosana

The High Court held the respondent in contempt for ignoring a Rule 43 maintenance order, rejected a postponement request, and imposed a suspended 30-day committal.

• Rule 43 Orders
• Maintenance
• Contempt Of Court
• Variation Of Court Orders
• Contempt-of-court
• Rule-43-orders

N.L.R v M.I.R (16610/2021)

N.L.R v M.I.R (16610/2021) [2023] ZAGPJHC 752 (30 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

16610/2021

Judge

MMP Mdalana-Mayisela

Section 18 execution pending appeal refused because the applicant failed to show exceptional circumstances and irreparable harm to the respondent and children.

• Rule 43 Orders
• Contempt Of Court
• Section 18 Execution
• Maintenance
• Exceptional Circumstances
• Section-18-execution-pending-appeal