JJ.V.W v N.V.W (2019/26732)
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…
Source excerpt
- Interim Maintenance
- Rule 43 Proceedings
- Leave To Appeal
- Superior Courts Act Section 16 3
- Appointment Of Supervising Professional