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South Africa Case Law

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Family And Children [2024] ZAECQBHC 60

E.M.T v N.T (3672/2023)

E.M.T v N.T (3672/2023) [2024] ZAECQBHC 60 (10 October 2024)

The court found the respondent in contempt of a Rule 43 maintenance order, but suspended the sentence. It also reduced interim maintenance from R15,000 to R7,500.

  • Rule 43 Interim Maintenance
  • Contempt Of Court
  • Variation Of Interim Order
  • Material Non Disclosure
  • Costs Award
  • Rule-43-interim-maintenance
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Family And Children [2023] ZAKZDHC 94

K.S v N.S (D1137/2021)

K.S v N.S (D1137/2021) [2023] ZAKZDHC 94 (1 December 2023)

The court found the application urgent due to the imminent risk of eviction and exclusion of the minor children from school. The respondent, having consented to the Rule 43 order while legally represented, was fully aware of his obligations. His failure to comply with rental, medical aid, and educational expenses was wilful and not justified by alleged financial constraints, especially given evidence of unnecessary and luxurious expenditures. The respondent did not provide sufficient financial disclosure to support his claims of inability to pay. The court declared the respondent in contempt…

  • Rule 43 Interim Relief
  • Contempt Of Court
  • Maintenance Obligations
  • Variation Of Interim Order
  • Best Interests Of Child
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Family And Children [2022] ZAGPJHC 808

JJVW v NVW (2019/26732)

JJVW v NVW (2019/26732) [2022] ZAGPJHC 808 (18 October 2022)

The High Court varied a Rule 43 interim order in a divorce matter, suspending spousal maintenance pending financial disclosure and setting a new supervised contact regime.

  • Spousal Maintenance
  • Variation Of Interim Order
  • Child Contact
  • Rule 43 Procedure
  • Rule-43
  • Spousal-maintenance
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Family And Children [2022] ZAGPPHC 456

C.D v J.H.D (10025/21)

C.D v J.H.D (10025/21) [2022] ZAGPPHC 456 (27 June 2022)

The court found that the applicant's dismissal from employment at the respondent's company constituted a material change in circumstances, as she was previously denied maintenance on the basis of her employment and salary. The applicant demonstrated a genuine need for maintenance, having exhausted her financial resources and being unable to secure alternative employment. The respondent's financial position, including his assets and ability to make loans, indicated that he could afford the maintenance sought. The court accepted that the applicant's maintenance claim included reasonable expense…

  • Maintenance Pendente Lite
  • Variation Of Interim Order
  • Adult Dependent Children
  • Universal Partnership Claim
  • Rule 43 Procedure
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Family And Children [2021] ZAWCHC 148

A.F v M.I.F (6664/2019)

A.F v M.I.F (6664/2019) [2021] ZAWCHC 148 (19 July 2021)

The High Court partly varied a Rule 43 order in divorce proceedings, awarding the wife further interim legal-costs support and dismissing the husband’s counter-claim.

  • Rule 43 Interim Relief
  • Contribution Towards Legal Costs
  • Variation Of Interim Order
  • Maintenance Pendente Lite
  • Rule-43
  • Divorce
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Civil Procedure [2018] ZAGPJHC 703

City of Johannesburg and Another v Matebese (26514/17)

City of Johannesburg and Another v Matebese (26514/17) [2018] ZAGPJHC 703 (20 December 2018)

The High Court varied and supplemented an Anton Piller order to permit forensic inspection and copying of devices for evidence relevant to planned damages and review actions.

  • Anton Pillar Order
  • Variation Of Interim Order
  • Digital Forensics
  • Evidence Preservation
  • Damages Action
  • Review Of Tender Award
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Family And Children [2016] ZAFSHC 165

O v O (1385/2015)

O v O (1385/2015) [2016] ZAFSHC 165 (29 September 2016)

The High Court varied an interim Rule 43 order, setting parental responsibilities, primary residence, contact rights, and monthly maintenance pending the main action.

  • Parental Responsibilities And Rights
  • Maintenance Pendente Lite
  • Children S Act
  • Variation Of Interim Order
  • Family-law
  • Rule-43
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.