South Africa Case Law

T.S v J.V.C.P and Another (20783/24)

T.S v J.V.C.P and Another (20783/24) [2025] ZAWCHC 325 (1 August 2025)

Court

Western Cape High Court, Cape Town

Case number

20783/24

Judge

Njokweni

The applicant failed to establish the jurisdictional facts necessary for an anti-dissipation interdict. There is no objective evidence that the respondent is intentionally dissipating or secreting assets to defeat the applicant's claims. The respondent continues to meet his maintenance obligations for the minor child and has not abdicated his responsibilities. The applicant's apprehension of harm is not supported by the facts, and her conduct in disposing of joint assets for personal benefit undermines her case. The balance of convenience favours the respondent, and the applicant has alternat…

Source excerpt

• Anti Dissipation Interdict
• Spousal Maintenance
• Child Maintenance
• Community Of Property Dispute
• Abuse Of Process

A.C.J.S v A.S (4216/2018)

A.C.J.S v A.S (4216/2018) [2025] ZALMPPHC 147 (31 July 2025)

Court

Limpopo High Court, Polokwane

Case number

4216/2018

Judge

Mashifane

Divorce judgment dismissing the wife’s claims for rehabilitative maintenance, a motor vehicle, and medical aid contribution. The settlement on children was made an order.

• Rehabilitative Maintenance
• Spousal Maintenance
• Divorce Act Section 7
• Primary Care And Residence
• Medical Aid Contribution
• Motor Vehicle Claim

C.L.D.S. v F.S.D.S.S. (2024/092744)

C.L.D.S. v F.S.D.S.S. (2024/092744) [2025] ZAGPJHC 726 (23 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/092744

Judge

C Von Ludwig

Rule 43 interim maintenance and costs were ordered pending divorce, with both parties allowed to remain in the common home.

• Rule 43 Interim Relief
• Parental Responsibilities And Rights
• Spousal Maintenance
• Contribution To Legal Costs
• Rule-43-interim-relief
• Spousal-maintenance

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

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

Court

South Gauteng High Court, Johannesburg

Case number

2022/048303

Judge

Franck

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

S.Z.M v M.N.M (127136/2024)

S.Z.M v M.N.M (127136/2024) [2025] ZAGPPHC 614 (11 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

127136/2024

Judge

Domingo

Rule 43 interim relief was granted in part: spousal maintenance and support for the child of the marriage were ordered, but claims for the two other children were dismissed.

• Rule 43 Interim Relief
• Spousal Maintenance
• Child Maintenance
• Parental Responsibilities And Rights
• Contribution To Legal Costs
• In Loco Parentis

H.N.C v S.J.C (2024/003610)

H.N.C v S.J.C (2024/003610) [2025] ZAGPJHC 551 (9 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/003610

Judge

Adams

Rule 43 divorce interim relief partially granted: reduced maintenance and direct expenses were awarded, while most capital claims were refused.

• Spousal Maintenance
• Rule 43 Application
• Contribution To Legal Costs
• Interim Relief
• Rule-43
• Spousal-maintenance

A.W.F v K.S.R (052216/2024)

A.W.F v K.S.R (052216/2024) [2025] ZAGPPHC 503 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

052216/2024

Judge

Nyathi

Rule 43 interim relief in a pending divorce: the court ordered maintenance, residence, contact arrangements, and a curator ad litem for two minor children.

• Rule 43 Interim Relief
• Parental Rights And Responsibilities
• Spousal Maintenance
• Child Maintenance
• Curator Ad Litem Appointment
• Rule-43-interim-relief

J.G.C v G.A.C (Appeal) (CA139/2023)

J.G.C v G.A.C (Appeal) (CA139/2023) [2025] ZAECMKHC 44 (13 May 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA139/2023

Judges

Majiki, Bands

The High Court upheld an appeal against an order compelling sale of jointly owned former matrimonial property, finding no proven breach of the deed of settlement.

• Deed Of Settlement Interpretation
• Actio Communi Dividundo
• Right Of Occupation
• Variation Of Court Order
• Clean Break Principle
• Spousal Maintenance

B.P.M v J.L.M (1909/2024)

B.P.M v J.L.M (1909/2024) [2025] ZALMPPHC 96 (13 May 2025)

Court

Limpopo High Court, Polokwane

Case number

1909/2024

Judge

Mangena

The court found that the Family Advocate's report substantiated the applicant's claim of parental alienation by the respondent, including exclusion from decision-making and negative remarks to the children. The evidence demonstrated that increased contact with the applicant was in the children's best interests to prevent further emotional harm. The applicant's proposal for extended contact was reasonable given the proximity of the parties' residences and the need to foster a healthy parent-child relationship. The court was not persuaded by the applicant's financial hardship claim regarding sp…

Source excerpt

• Parental Alienation
• Contact Rights
• Rule 43 Variation
• Spousal Maintenance
• Best Interests Of Child

L.K v B.R.K (2024-116399)

L.K v B.R.K (2024-116399) [2025] ZAGPPHC 360 (4 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-116399

Judge

N G M Mazibuko

Rule 43 interim maintenance and costs relief was refused. The court found the maintenance claims unreasonable on the evidence and dismissed the application.

• Interim Maintenance
• Rule 43 Application
• Spousal Maintenance
• Child Maintenance
• Contribution To Legal Costs
• Rule-43