03/10/2026 Bertus Preller Best Interests of the Child, Children, Constitutional Court customary law, Customary Law, Customary Marriages, gender equality, Imbeleko, Recognition of Customary Marriages Act 120 of 1998, section 211(3), section 9 Constitution, Ulwaluko, Umgidi, Umngeno, Xhosa initiation age of majority, Attorney and Client Costs, Bhe case, co-holder consultation, customary law and Constitution, declaratory order, dependent adult child, final interdict, Gender Equality, Imbeleko, living customary law, Mbungela, MM v MN, parental responsibilities and rights, rule 6(12) urgency, section 18 Children's Act, section 211(3), Section 31 Children's Act, section 9 Constitution, Self-Created Urgency, Setlogelo, Shilubana, standing of parent, Superior Courts Act, Ulwaluko, Umgidi, Umngeno, Xhosa initiation, Z v Z A Mother’s Place at the Umgidi: Living Customary Law, Gender Equality and the Myth of the Magic Age of 18 — S.Z.Z v S.Z (2026/196397) [2026] ZAGPJHC 1099 (25 September 2026). The Facts: A Mother Excluded from Her Son's Rite of Passage In S.Z.Z v S.Z (2026/196397) ZAGPJHC 1099 (25 September 2026) a divorced mother approached the Gauteng Division, Johannesburg, on… READ MORE
03/10/2026 Bertus Preller Alimony, Best Interests of the Child, Care and Contact, Child Maintenance, Childcare Expert, Children, Children's matters South Africa, Civil contempt South Africa, Contact Rights, Contempt of Court, Costs, Curator Ad Litem, Divorce, Forensic psychologist mandate, Hired Gun Expert, Maintenance, Parental rights and responsibilities, Pendente Lite, Primary Residence, Primary residence dispute, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Unlawful retention of a child, Urgency, Urgent applications, Variation Rule 43(6) best interests of the child, breach of court order, child abuse allegations, Children’s Act 38 of 2005, Contact rights, court-appointed expert, curator ad litem, divorce litigation, DTL v GB, expert bias, family advocate report, family law South Africa, forensic psychologist mandate, Gauteng High Court Johannesburg, hired gun expert, interim care and contact, parental alienation, parental rights and responsibilities, pendente lite order, primary care, primary residence, Rule 43 variation, Rule 43(6), Rule 67A(3), scale C costs, self-help, sheriff enforcement, unlawful retention of a child, Urgent Application Self-Help Never Pays: Unlawful Retention of a Child and the Limits of Rule 43(6) — L.C.E v C.E (2026/226362) [2026] ZAGPJHC 1070 (29 September 2026). Neutral Citation: E v E (2026-226362) ZAGPJHC --- (29 September 2026) The Facts: A Four-Year-Old Caught in the Crossfire of a Brutal Divorce The parties in L.C.E v C.E (2026/226362)… READ MORE
03/10/2026 Bertus Preller Alimony, Child Maintenance, Clean Break Principle, Divorce, Divorce settlement agreement, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance termination, Pendente Lite, Post-divorce maintenance, Procedural Law, Rehabilitative maintenance, Rule 43 orders, Settlement agreements, Spousal Maintenance accrual system, Antenuptial Contract, Botha v Botha, clean break principle, Divorce Attorney Cape Town, divorce maintenance South Africa, divorce settlement, drawdown rate, earning capacity, expert evidence, family law South Africa, industrial psychologist, interim maintenance, lifelong maintenance, living annuity, maintenance after divorce, maintenance claim, partisan expert, Pendente Lite, pension interest, rehabilitative maintenance, Rule 43, Rule 43(6), section 37D Pension Funds Act, Section 7(2) Divorce Act, spousal maintenance, spousal support, trust assets divorce, Western Cape High Court No Right, Only a Discretion: Rehabilitative Maintenance, Earning Capacity and the Clean Break in H.L.B v J.B (6071/2021) [2026] ZAWCHC 561 (23 September 2026). The Facts: A Long Marriage, a R9.1 Million Settlement and a Maintenance Claim with No Tender The parties in H.L.B v J.B were married on 22 August 1998, out of… READ MORE
23/09/2026 Bertus Preller Alimony, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Costs, Divorce, Maintenance, Procedural Law, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance, Variation Rule 43(6) Court Orders Are Not Optional: Contempt, Self-Help and Rule 43 in S.L v A.C and Another (2026/047264) [2026] ZAWCHC 536 (17 September 2026). The facts: an attempt to recover a Mercedes-Benz in the midst of protracted divorce litigation S.L v A.C and Another (2026/047264) ZAWCHC 536 (17 September 2026) concerned an application arising… READ MORE
23/09/2026 Bertus Preller Divorce, Finality in litigation, matrimonial asset division, matrimonial litigation, Once-and-for-all rule, Piecemeal litigation, Procedure, South African divorce law, Suitable alternative accommodation, Urgent divorce applications divorce litigation strategy, family law practitioners, family law South Africa, finality in litigation, finality principle, fragmented litigation, High Court divorce cases, household furniture dispute, interim relief divorce, L.C v C.B.C, L.C v C.B.C NO and Others, legal finality, litigation costs divorce, marital home occupation, matrimonial home, matrimonial litigation, matrimonial property disputes, once-and-for-all rule, piecemeal litigation, repeat litigation, South African divorce law, South African family law cases, suitable alternative accommodation, temporary accommodation divorce, Thulare J, urgent applications family law, urgent divorce applications, Western Cape High Court, ZAWCHC 549 Finality in High-Conflict Divorce Litigation: The Once-and-for-All Rule in L.C v C.B.C NO and Others (229199/26) [2026] ZAWCHC 549 (22 September 2026). The facts: a temporary move from the matrimonial home becomes a further legal dispute In L.C v C.B.C NO and Others (229199/26) ZAWCHC 549 (22 September 2026), the Western Cape… READ MORE
21/09/2026 Bertus Preller Alimony, Appeal, Appealability, Costs, Costs de bonis propriis, Divorce, Leave to appeal Superior Courts Act, Maintenance Court, Pendente Lite, Rule 43 Appeal, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance AF v MF, AG v LG, Attorney and Client Costs, BE v NT SCA, contribution towards costs, costs de bonis propriis, curator ad litem, Dicker NO v SJVDW, EB v CB Free State, family law South Africa, hopeless application costs, interim relief divorce, leave to appeal Rule 43, maintenance pendente lite, Pangarker J, past legal costs Rule 43, postponement Rule 43, Practice Directive 45B, refusal of postponement appealable, RM v AM, Rule 43, Rule 43 appeal, Rule 43(1)(b), Rule 43(6) variation, Rule 58 Magistrates Court, S v S Constitutional Court, section 16(3) Superior Courts Act, section 173 Constitution, Western Cape High Court Rule 43 Orders Cannot Be Appealed, and Persisting Costs the Attorney: Dicker NO v S.J.V.D.W (Leave to Appeal) (2026/006447) [2026] ZAWCHC 482 (7 September 2026). The Western Cape Division has once again been called upon to restate what ought by now to be trite in every family law practice in the country: orders granted in… READ MORE
19/09/2026 Bertus Preller Best Interests of the Child, Children, Children's Act, Children's matters South Africa, National Code, Player Status Regulations, Players' Agents Regulations, Rugby agents, Rugby bursaries, Rugby poaching, Rugby regulations, Rugby scouts, School rugby governance, School rugby recruitment, School sport law, Schoolboy Rugby South Africa, Schoolboy rugby transfers, Schools, Section 28 Constitution, South African Schools Act 80 per cent rule, best interests of the child, child protection in sport, children's act, Craven Week, FIFA compensation model, first XV, independent schools, John Smit, KwaZulu-Natal Headmasters' Agreement, National Code, Player Status Regulations, Players' Agents Regulations, Pridwin, rugby agents, rugby bursaries, rugby poaching, rugby scouts, SA Rugby regulations, school rugby governance, school rugby recruitment, school sport law, schoolboy rugby, schoolboy rugby transfers, Section 28(2), South African Schools Act, under-18 players, Western Province poaching resolution, World Rugby regulations Bought, Not Built: the South African schoolboy rugby market has no rules, and the law of children already has them. The Market in Schoolboy Rugby Players in South Africa: the Law, the Rules, and How the Movement of Children Should Be Governed is a research paper of nearly a hundred… READ MORE
13/09/2026 Bertus Preller Appeal, Appealability, Civil procedure., Condemnation application, Default judgment., Divorce, Divorce settlement agreement, Leave to appeal Superior Courts Act, Nullity of divorce order, Procedure, Recission, Separation of issues, Settlement agreements accrual claims, appealability, B v B, B v B 2026 ZASCA 115, civil procedure, condonation application, default judgment, Divorce Decree, divorce settlement agreement, final court order, functus officio, jurisdiction, lapsed appeal, matrimonial litigation, Matrimonial Property Act, nullity of court order, procedural fairness, prospects of success, reinstatement of appeal, rescission of judgment, Rule 33(4), Rule 42(1)(a), separation of issues, settlement agreement, South African divorce law, special leave to appeal, Superior Courts Act, Supreme Court of Appeal, Zweni test Crossing the Rule 33(4) Line: When a Divorce Order Becomes a Nullity in B[…] v B[…] (562/2025) [2026] ZASCA 115 (7 September 2026). The Facts and Procedural History: From Settlement Agreement to a Lapsed Appeal The litigation in B v B (562/2025) ZASCA 115 (7 September 2026) arose from a divorce that became… READ MORE
12/09/2026 Bertus Preller Alimony, Arrear Maintenace, Arrear Maintenance, Arrear maintenance claims, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Costs, Divorce, Interim Maintenance, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance order enforcement, Procedural Law, Punitive costs orders, Rule 43, Rule 43 Applications, Rule 43 Contempt, Rule 43 orders, Serial contempt, Spousal Maintenance attorney-and-own-client costs, best interests of minor children, beyond reasonable doubt, contempt of court, court order enforcement, D W v J L K, divorce litigation South Africa, evidentiary burden, Fakie case, full financial disclosure, interim maintenance, maintenance defaulter, maintenance enforcement, Maintenance Order, mala fides, mortgage bond arrears, non-compliance with court order, periodic imprisonment, Plascon-Evans rule, punitive costs, Rule 43, Rule 43 maintenance, South African Family Law, standard of proof, suspended committal, V.P v D.P, weekend imprisonment, Western Cape High Court, wilful non-compliance Defying a Rule 43 Maintenance Order: Weekend Imprisonment and Punitive Costs in V.P v D.P (2026/190344) [2026] ZAWCHC 509 (10 September 2026). The Facts: Persistent Non-compliance with a Rule 43 Maintenance Order In V.P v D.P (2026/190344) ZAWCHC 509 (10 September 2026), Davis J dealt with an urgent application arising from a… READ MORE
30/08/2026 Bertus Preller Abuse of Process, Alimony, Contumacious conduct, Divorce, Litigation misconduct, Procedural Law, Spousal Maintenance, Substantial misconduct, Substantial misconduct, Vexatious litigation change of front, conduct of parties, costs Rule 28(9), divorce amendment, divorce counterclaim, divorce pleadings, facta probantia, family law South Africa, irrelevant matter, J.P v M.P, Jowell v Bramwell-Jones, leave to amend, maintenance claim, matrimonial misconduct, Moolman v Estate Moolman, no-fault divorce, pleading evidence, Rule 18(4), Rule 23, Rule 28, S.T.H v A.T.H, scandalous allegations, Section 7(2) Divorce Act, spousal maintenance, striking out, Vaatz v Law Society, vexatious pleadings, Western Cape High Court, withdrawal of admission Pleading Fault in a No-Fault Divorce: When Do Conduct Allegations Cross the Line? J.P v M.P (13220/2021) [2026] ZAWCHC 410 (12 August 2026). Few interlocutory judgments manage to say something useful about both civil procedure and substantive family law in the same breath. The recent decision of Greig AJ in the Western Cape… READ MORE