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South Africa decisions
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M.C v J.J.C (A231/2014) [2015] ZAGPPHC 1140; 2016 (2) SA 227 (GP) (26 August 2015)
Appeal about forfeiture of marital benefits under the Divorce Act and accrual system, with the court setting aside the forfeiture and costs orders.
M G v R G (AR 461/09) [2010] ZAKZPHC 105 (8 February 2010)
The presiding officer materially misdirected herself by refusing to grant token maintenance, despite uncontested evidence of the appellant's need and the respondent's conduct. The refusal deprived the appellant of the right to claim increased maintenance in the future, which is contrary to established legal principles and the constitutional imperative to protect vulnerable parties. The approach in this Division towards token maintenance is consistent with constitutional jurisprudence recognising the vulnerability of women and the need for judicial vigilance. On forfeiture of benefits, the app…
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