27/04/2024 Bertus Preller Appeal, Divorce, Maintenance, Procedural Law, Review, Rule 43 2019 (6) SA 1 (CC), access to courts, appealability, best interests of the child, constitutionality, contributions towards costs, differentiation, divorce proceedings, equality before the law, Equality of Arms, inherent power, interests of justice, interim care, interim contact, interim matrimonial matters, interim orders, legitimate government purpose, maintenance pendente lite, non-appealability, rationality test, regulate own processes, Rule 43, S v S and Another (Centre for Child Law as Amicus Curiae), section 16(3), Superior Courts Act 10 of 2013, Uniform Rules of Court, urgent relief, variation of order Constitutionality of Barring Appeals Against Rule 43 Orders: S v S and Another (Centre for Child Law as Amicus Curiae) 2019 (6) SA 1 (CC). Introduction: The Facts and Procedural History of S v S and Another The Constitutional Court case of S v S and Another (Centre for Child Law as Amicus Curiae) 2019… READ MORE
31/01/2024 Bertus Preller Child Maintenance, Children, Review Court of public opinion, Default order dispute, Fair hearing principles, high court rulings, Judge APS Nxumalo, judicial decision-making, Jurisdictional analysis, Legal argument analysis, Legal blog content, legal case study, legal interpretation, Legal precedent analysis, Legal procedural fairness, Legal remedy exclusivity, Legal review, Legal rights in divorce, Locus standi in law, Maintenance Act 1998, Maintenance court procedures, Maintenance order challenge, Procedural irregularities, Section 18 Maintenance Act, South African Family Law, South African High Court, South African legal analysis, South African Maritime Safety Authority v McKenzie, Statutory obligation interpretation, Statutory remedies, Thomas v Balepile Unraveling Justice: The Thomas v Balepile Case and South Africa’s Maintenance Law Maze. – Thomas v Balepile (61/2021; CA&R 68/23) [2024] ZANCHC 4 (26 January 2024). Introduction In a recent and significant decision, Thomas v Balepile (61/2021; CA&R 68/23) ZANCHC 4, delivered on 26 January 2024, the High Court of South Africa, Northern Cape Division, under… READ MORE