05/06/2026 Bertus Preller Abuse, Balance of probabilities, Domestic Violence, Emotional Abuse, Irreparable harm test, Physical Abuse, Psychological Abuse, Spoliation accrual system, balance of probabilities, civil remedies, divorce proceedings, domestic relationship, domestic violence, Domestic Violence Act 116 of 1998, emotional abuse, evidence affidavit, family law South Africa, final protection order, Gauteng Division, harm threshold, High Court appeal, IKM v GRM, interdict, Interim Protection Order, magistrates court, matrimonial property, protection order, protection order misuse, psychological harm, Rule 43, section 1 DVA, section 6(4) DVA, spoliation, warrant of arrest, Wentzel J, Wilson J, ZAGPJHC 461 When Collecting Your Own Car Is Not Domestic Violence — IKM v GRM (A2025-156276) [2026] ZAGPJHC 461 (7 May 2026). The Facts: A Car, a Parking Lot, and a Protection Order The parties in IKM v GRM (A2025-156276) ZAGPJHC 461 (7 May 2026), decided by Wilson J (with whom Wentzel… READ MORE
17/01/2026 Bertus Preller Abuse, Appeal, Contempt of Court, Domestic Violence, Domestic Violence, Domestic Violence Act 116 of 1998, Interim Protection Order, Interim relief with no final effect, Irreparable harm test, Procedural Law, Qwelane test coercion property sale, contempt of court divorce, contempt proceedings enforcement, divorce decree enforcement, divorce property disputes, Domestic Violence Act 116 of 1998, domestic violence protection orders, domestic violence warrant execution, economic abuse definition, exceptional circumstances appeal, grave injustice test, High Court Gauteng Division, interim interdict appealability, interim interdicts South Africa, interim relief with no final effect, irreparable harm test, leave to appeal interim relief, marital home sale dispute, property sale cooperation, property sale disputes divorce, protection order breach, Qwelane test, section 1 Domestic Violence Act, South African Family Law, Springs Domestic Violence Court, VM v JM 2025, warrant of arrest domestic violence, Wilson J judgment, ZAGPJHC 1269 When Interim Interdicts Cannot Be Appealed: Domestic Violence Warrants and Property Sales in V.M v J.M (2025/203538) [2025] ZAGPJHC 1269 (18 December 2025). Background and Factual Matrix: The Domestic Violence Warrant and Property Sale Dispute The matter before Wilson J arose from an application by JM, the respondent, for leave to appeal against… READ MORE
17/01/2026 Bertus Preller Abuse, Contumacious conduct, Costs, Divorce, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Forfeiture of Benefits, Forfeiture patrimonial benefits, Harassment, In Community of Property, Marital misconduct, Matrimonial property forfeiture, Physical Abuse, Psychological Abuse, Punitive costs orders, Sexual Abuse, Substantial misconduct, Substantial misconduct, Verbal Abuse costs in divorce, discretion of court, divorce proceedings South Africa, domestic violence, drug and alcohol abuse, duration of marriage, Engelbrecht v Engelbrecht, financial delinquency, financial irresponsibility, Forfeiture of benefits, interim protection orders, marital breakdown, marriage in community of property, Mashola v Mashola, matrimonial property, municipal debt, no-fault divorce, patrimonial benefits, pension benefit misconduct, section 9(1) Divorce Act, spousal abuse, substantial misconduct, transfer of property, two-stage approach, unduly benefited test, value judgment, Wijker principles When Domestic Violence and Financial Delinquency Justify Forfeiture: Analysis of W.M.C.M v U.A.M (7390/2018) [2026] ZAGPPHC 5 (12 January 2026). The Factual Matrix: A Pattern of Misconduct and Financial Delinquency The parties in this matter were married in community of property on 16 December 2000. The marriage endured for approximately… READ MORE
21/11/2025 Bertus Preller 15(2)(a) matrimonial property act, Abuse, Actio communi dividundo, Alienation of immovable property, Dispensing with spousal consent, Divorce, Domestic Violence, Domestic Violence, In Community of Property, Matrimonial Properties Act, Plascon Evans Rule, Section 16(1) actio communi dividundo, alienation of immovable property, bona fide dispute of fact, bound co-ownership, credit agreements joint estate, dispensing with spousal consent, evidentiary burden motion proceedings, family law property disputes, free co-ownership, good cause to dispense with consent, joint estate, joint estate property sale, marriage in community of property, matrimonial property disputes, MEPF case, national credit act section 129, Plascon-Evans principles, prejudice to joint estate, private sale vs execution sale, reinstatement of credit agreement, Rule 46A, sale in execution, section 15(2)(a) matrimonial property act, section 15(2)(f) matrimonial property act, section 16(1) matrimonial property act, spousal consent requirements, unreasonable withholding of consent, withholding consent unreasonably Breaking the Deadlock: When Courts Override a Spouse’s Refusal to Sell Joint Estate Property – J.G.S v S.E.S and Others (A283/2024) [2025] ZAWCHC 543 (21 November 2025). Introduction The Western Cape High Court's decision in J.G.S v S.E.S and Others (A283/2024) ZAWCHC 543 addresses a question of considerable practical importance in South African family law: when may… READ MORE
29/06/2025 Bertus Preller Abuse, Bail, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Domestic Violence, Financial Abuse, GBV, Harassment, Harrassment, Interim Protection Order, Neglect, Physical Abuse, Psychological Abuse, Revenge Porn, Sexual Abuse, Spiritual Abuse, Verbal Abuse bail and constitutional rights, bail family court, bail for abusers, bail procedure GBV, bail reform South Africa, child custody GBV, CPA section 60, Criminal and Related Matters Amendment Act, criminal procedure GBV, domestic abuse bail rules, domestic violence law, family law bail, family law impact bail, family lawyer GBV, GBV bail South Africa, GBV court process, GBV justice system, GBV legal changes, intimate partner violence justice, legal reform GBV, magistrate bail GBV, no police bail GBV, protection order at bail, protection orders bail, reverse onus bail, section 60(11)(c), South African criminal law, victim safety bail No Easy Bail for Abusers: How the Criminal and Related Matters Amendment Act 12 of 2021 is Reshaping GBV Justice in South Africa. Introduction South Africa continues to grapple with an epidemic of gender-based violence (GBV), with rates of femicide reported to be five times the global average. GBV – particularly domestic and… READ MORE
07/11/2024 Bertus Preller Abuse, Defamation, Domestic Violence, Malicious Prosecution, Physical Abuse actio iniuriarum, Aquilian action, bail conditions, Case Law, civil damages, civil litigation, constitutional damages, court judgments, Court Procedures, criminal allegations, damages quantum, defamation law, divorce consequences, expert evidence, false allegations, false criminal charges, Judicial Discretion, Justice Gamble, Legal Costs, Legal Fees, legal precedent, legal principles, legal remedies, malicious prosecution, non-patrimonial damages, patrimonial loss, psychological damage, pure economic loss, reputational damage, South African courts, Western Cape High Court Defamation Disaster: From Love at Sea to Legal Storm – Court Awards R665K in G.C v J.C and Others (14205/2014) [2024] ZAWCHC 354. Background: From Marriage to Malicious Charges In what reads like a script from a dramatic courtroom series, the tale of an Italian cruise ship head waiter and a South African… READ MORE
26/09/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Physical Abuse, Psychological Abuse Burden of Proof, credibility assessment, domestic violence, Domestic Violence Act, evidence evaluation, High Court Judgment, Judicial Review, legal precedent, legal safeguards, magistrates court, mental health, protection orders, relationship dynamics, South African Law Tipping the Scales: High Court Overturns Domestic Violence Order in K.J.G v J.T.G (A85/2024) [2024] ZAGPPHC 913. Background: A Troubled Marriage and the Domestic Violence Act The case of K.J.G v J.T.G (A85/2024) ZAGPPHC 913 (6 September 2024) offers a poignant glimpse into the complexities of domestic… READ MORE
11/08/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Harrassment, Neglect, Physical Abuse, Psychological Abuse, Sexual Abuse, Spiritual Abuse, Verbal Abuse attrition rates, contextual approach, domestic violence, feminist jurisprudence, gender-based violence, judicial education, legal barriers, legal reform, Protection from Harassment Act, S v P case, South Africa, survivor disclosure, survivor rights, trauma-informed justice Unsilencing Survivors: A Feminist Lens on Domestic Violence Cases in South Africa – Insights from S v P 2022 2 SACR 81 (WCC). Introduction: The Scourge of Domestic Violence in South Africa Domestic violence remains a pervasive and deeply troubling issue in South African society, as highlighted by Sheena Swemmer in her insightful… READ MORE