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South Africa decisions
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S.J.H-C v R.M.L (8233/2017) [2025] ZAGPPHC 778 (25 July 2025)
The High Court dismissed an application to set aside a warrant of execution arising from a maintenance settlement agreement, with costs on a punitive scale.
P.L.B v L.R.B (36798/2014) [2025] ZAGPPHC 600 (4 June 2025)
The court granted condonation, dismissed the wife’s variation and liquidation applications, dismissed the husband’s pension and debt counterclaim, and ordered registration of a trust for the children.
G.J.N v M.C (34350/2020) [2025] ZAGPPHC 329 (24 March 2025)
High Court orders a forensic investigation into children’s best interests, appoints a parenting coordinator, and dismisses the respondent’s counterclaim.
H.A.E v H.S.E (3350/2022) [2024] ZAFSHC 114 (25 April 2024)
The High Court found the respondent in contempt for failing to comply with maintenance orders, rejected his poverty defence, and imposed a suspended prison sentence and fine.
T.R v S.R (2017/11467) [2024] ZAGPJHC 76 (24 January 2024)
The court set aside a writ of execution against a retirement annuity, finding the maintenance debt was not properly quantified and remained in dispute.
M.A.M v M.S.M (070320-2023) [2023] ZAGPPHC 1961 (27 November 2023)
The High Court dismissed a bid for sole guardianship and exclusive travel consent, but appointed a parent coordinator to help the parents manage ongoing conflict.
C.C v D.C and Others (26401/2022) [2023] ZAGPJHC 1265 (27 October 2023)
The High Court found the first respondent in contempt for failing to comply with a prior school-fees order and ordered payment, with imprisonment if unpaid.
Ruth Eunice Sechoaro v Patience Kgwadi (896/2021) [2023] ZASCA 46; 2023 (5) SA 420 (SCA) (4 April 2023)
The Supreme Court of Appeal found that the respondent's unilateral mistake in signing the 2012 agreement was reasonable and excusable. The respondent was hospitalized, sedated, and in pain when presented with the agreement, which was inconsistent with the prior verbal arrangement regarding the division of property. The applicant failed to provide evidence that the respondent intended to forfeit her share or that the nature and importance of the agreement were explained to her. The court held that Mr Kgwadi, knowing the respondent's condition and the prior agreement, deliberately presented the…
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R.S.H v A.J.T (4523/2022) [2023] ZAFSHC 64 (8 March 2023)
The court found that the parties did not validly amend clause 5.2 of the settlement agreement, as the required formalities set out in clause 7—namely, a written and signed agreement by both parties—were not met. The email correspondence between the attorneys indicated an intention to draft and sign an addendum, but no such document was executed by both parties. The respondent's counterproposal to also amend clause 5.3 further demonstrated the absence of consensus. The court reaffirmed the Shifren principle, holding that non-variation clauses must be strictly enforced to ensure certainty and a…
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C v C and Others (26401/2022) [2022] ZAGPJHC 905 (26 October 2022)
The High Court found the first respondent in contempt for failing to comply with an interim school-fees order and imposed a suspended imprisonment sanction.
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