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
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
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
16/05/2024 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Domestic Violence, Emotional Abuse, Financial Abuse, Harassment, Harrassment, Interim Protection Order, Neglect, Physical Abuse, Psychological Abuse, Sexual Abuse, Spiritual Abuse, Verbal Abuse The Crucial Role of Full Disclosure in Domestic Violence Interim Protection Orders: Legal Standards, Case Law, and Practical Guidance. INTRODUCTION TO THE DUTY OF FULL DISCLOSURE IN DOMESTIC VIOLENCE APPLICATIONS The principle of full disclosure is paramount in ex parte applications, where orders are granted without notice to the… READ MORE
28/01/2024 Bertus Preller Abuse, Coercive Control, Digital Abuse, Emotional Abuse, Financial Abuse, Harassment, Physical Abuse, Psychological Abuse, Sexual Abuse, Verbal Abuse courtroom battles in familial disputes, domestic abuse legal solutions, domestic relationship legalities, domestic violence act and siblings, domestic violence court orders, domestic violence legal consequences, domestic violence legal framework, familial violence and legal recourse, family conflict legal guidance, family court proceedings in South Africa, family dispute resolutions, family dynamics in South African law, family law and domestic violence, family law interpretation, judicial interpretation of domestic relationships, legal advice on family conflicts, legal aspects of family feuds, legal defense against familial abuse, legal dynamics in family disputes, legal protection in family violence, legal response to domestic abuse, legal strategies against domestic abuse, navigating domestic violence protection, protective orders in family law, sibling relationship laws, South Africa domestic abuse laws, South African domestic violence legislation, understanding domestic violence statutes, understanding family law in SA Family Feuds Under the Law: Decoding Domestic Violence and Legal Protections in South Africa. – J.G v A.N (A3132/2021) [2024] ZAGPJHC 45 (26 January 2024). Background and Legal Framework Introduction to the Case In the case of J.G v A.N (A3132/2021) ZAGPJHC 45 dated 26 January 2024, an appeal was lodged against a final protection… READ MORE
02/12/2023 Bertus Preller Abuse, Coercive Control, Cultural Abuse, Digital Abuse, Emotional Abuse, Financial Abuse, Harassment, Neglect, Physical Abuse, Psychological Abuse, Sexual Abuse, Spiritual Abuse, Verbal Abuse 16 Days of Activism, abusive relationships, advocacy, Bertus Preller Books, breaking the silence, community support, counselling, domestic violence, emotional manipulation, empowerment, fear in abuse, GBV prevention strategies, gender-based violence, healing and recovery, intimate partner violence, legal assistance, mental health, poverty and GBV, psychological trauma, public health crisis, relationship red flags, societal change, South Africa, survivor support, The Unexpected Counsellor Book, women and children impact Understanding Abusive Relationships: An In-depth Look during the 16 Days of Activism in South Africa. Abusive relationships present a complex and deeply troubling issue worldwide, with ripples extending far beyond the immediate victims. This article delves into the intricate dynamics of abusive relationships, focusing particularly… READ MORE
16/10/2023 Bertus Preller Abuse, Harassment, Harrassment case judgement, constitutional implications, court case analysis, expert insights, gender rights, gender-based violence, harassment definition, legal interpretation, legal redress, magistrate's verdict, PHA, Protection from Harassment Act, rape allegations, South African Law, victim's rights Navigating the Nuances: A Dive into SA’s Protection from Harassment Act – Whether reporting rape allegations can amount to “harassment”. L.W v K.C.A (A2023-013223) ZAGPJHC 1154 (13 October 2023) Background: The appellant and respondent were in a consensual romantic relationship for a few months in 2018. Two specific incidents form… READ MORE