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South Africa decisions
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T.J.M v C.H.M (2024/085826) [2024] ZAGPJHC 1291 (17 December 2024)
Leave to appeal was refused in a dispute about schooling arrangements for three minor children and the effect of a Rule 43 maintenance order.
M.O v T.S (079417/2024) [2024] ZAGPPHC 1346 (13 December 2024)
The court found that no sufficient case was made for exclusive primary residence of the minor children with the applicant, and that the maternal preference rule should not be departed from without compelling reasons. The best interests of the children require stability and continuity in their routine and schooling. The eldest child, nearing majority, should have her wishes respected. The applicant is obliged to maintain the respondent and children at a level consistent with their previous standard of living, subject to his financial capacity. The respondent demonstrated a real and pressing ne…
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S.M v D.L (2024/129392) [2024] ZAGPJHC 1286 (9 December 2024)
The High Court granted interim unsupervised contact for a father, but declined sleepover contact for now, pending a social worker’s report.
B.L.D.S v G.N.M.J.S (2022-045185) [2024] ZAGPJHC 748 (13 August 2024)
The High Court dismissed a husband’s bid to rescind a Rule 43 maintenance order and rejected the wife’s contempt counterapplication for non-payment.
R.K v I.K (17760/2019) [2024] ZAWCHC 306 (20 June 2024)
The court adjourned a writ-of-commitment application in a maintenance contempt matter, seeking further reports on insolvency and correctional supervision.
J.S.H v M.S.H and Others (1308/2024) [2024] ZAWCHC 42 (16 February 2024)
A contempt application over school fees failed where the Rule 43 order required comprehensive educational costs, not a specific private school.
S.F.S. v A.J.S (11676/2018) [2023] ZAGPJHC 1142 (11 October 2023)
The High Court found the respondent in contempt for failing to comply with Rule 43 maintenance orders and suspended a six-month sentence on payment conditions.
D.R v T.V.R (009562/2023) [2023] ZAGPPHC 690 (17 August 2023)
Rule 43 interim maintenance was granted in part for a spouse and two minor children pending divorce, with each party paying its own costs.
J.F v G.F (2021/9930) [2023] ZAGPJHC 892 (10 August 2023)
High Court Rule 43 maintenance case ordering interim child maintenance, school and medical expenses, and transfer of a BMW to the applicant.
JJ.V.W v N.V.W (2019/26732) [2023] ZAGPJHC 224 (16 March 2023)
The application for leave to appeal was struck from the roll because orders made under Rule 43 for interim maintenance are not appealable in terms of section 16(3)(a) of the Superior Courts Act. The Constitutional Court in S v S did not create an exception to this rule, but rather confirmed the statutory limitation and suggested alternative remedies such as varying the order or relying on the court's inherent powers. The applicant's argument that the order was patently unjust and erroneous was rejected, as the evidence relied upon was insufficient and not placed under oath. Costs were awarded…
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