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South Africa decisions
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D.G.S.F v M.F and Another (347/2024) [2024] ZAFSHC 207 (2 July 2024)
High Court struck an urgent child-care application off the roll, holding the applicant had not shown genuine urgency and had used the wrong procedure.
M.K v D.K (1246/2021) [2021] ZAECPEHC 36 (29 June 2021)
The High Court does not have jurisdiction under Rule 43 to grant interim relief in divorce proceedings where the main action is pending in the Regional Court; such relief must be sought under Rule 58 in the magistrate's court. The applicant's reliance on the High Court's inherent jurisdiction was unfounded, as there was no evidence of immediate threat to the welfare of the minor children and a parenting plan was already in operation. The magistrate who dismissed the Rule 58 application is not functus officio, and the applicant is not without remedy, as simple interlocutory orders may be revis…
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S.W v S.W and Another (2875/2015) [2015] ZAECPEHC 70; 2015 (6) SA 300 (ECP) (13 August 2015)
The High Court lacks jurisdiction to adjudicate a Rule 43 application when the main divorce proceedings are pending before the regional court. The applicant cannot invoke Rule 43 in the High Court under these circumstances, and the inherent jurisdiction of the High Court to intervene in the interests of a minor child is reserved for exceptional cases of urgency and necessity, which were not established on the papers. The applicant's withdrawal of regional court applications was ineffective without a proper tender of costs, leaving those matters pending and precluding the High Court's interven…
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