07/11/2026 Bertus Preller Appeal, Article 13(b) grave risk, Automatic Appeals under Section 18(4), Best Interests of the Child, Execution Pending Appeal, Hague Convention Age Limit (Article 4), Hague Convention on the Civil Aspects of International Child Abduction, International Family Law, Protective Measures and Mirror Orders, Stay of execution, Views of the Child Article 13(b), Article 4 Hague Convention, Australia child abduction, best interests of the child, Central Authority South Africa, Chafin v Chafin, child over 16, Children's Act section 10, Children's Act section 7, exceptional circumstances, execution pending appeal, full bench, Hague Convention, Incubeta v Ellis, International Child Abduction, irreparable harm, Knoop v Gupta, Kusevitsky J dissent, Mirror Orders, Protective Measures, reportable judgment, return order, section 18 Superior Courts Act, section 18(4) automatic appeal, Supreme Court of Appeal Practice Directive 1/2024, Tyte Security Services, voice of the child, Western Cape High Court, Wille J A Hague Convention matter is not per se exceptional: when a return order must wait for the appeal. S C v L J H and Another (2026-105403) [2026] ZAWCHC 659 (6 November 2026). This case is about whether a High Court order directing the return of children to Australia under the Hague Convention may be put into operation under section 18(3) of the… READ MORE
01/11/2026 Bertus Preller Alimony, Children, Contribution towards costs divorce, Costs, Divorce, Duty to maintain, Equality of arms divorce, Financial disclosure divorce, Financial non-disclosure, Forensic accountant divorce costs, Interim relief divorce, Maintenance, Maintenance pendente lite, Non-disclosure consequences, Procedural Law, Rule 43, Rule 43 Applications, Rule 43 Cost Contributions, Rule 43 orders, Spousal Maintenance accrual claim divorce, adverse inference non-disclosure, AF v MF, C.G.S v J.H.S, Cary v Cary, contribution towards costs divorce, costs reserved divorce, Divorce Act section 7(2), duty of support spouses, equality of arms divorce, family law South Africa, financial disclosure divorce, forensic accountant divorce costs, H v H 2023, industrial psychologist divorce, interim relief divorce, maintenance pendente lite, Matrimonial Property Act 88 of 1984, Northern Cape High Court Rule 43, POPIA divorce disclosure, Rule 43 Application, Rule 43 contribution to costs, Rule 43(6) further contribution, senior counsel divorce costs, sole shareholder company divorce, spousal maintenance South Africa, Stanton J, Van Rippen v Rippen, ZANCHC 92 Equality of Arms in Rule 43: Northern Cape High Court Rejects the R25,000 First-Day-of-Trial Practice for a Contribution to Costs: C.G.S v J.H.S (2026-133005) [2026] ZANCHC 92 (30 October 2026). This case concerns a Rule 43 application in the Northern Cape Division in which the only issue left for decision was the quantum of a husband's contribution towards his wife's… READ MORE
27/10/2026 Bertus Preller Appeal, Child Maintenance, Children, Costs, Divorce, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Court, Maintenance Court, Maintenance court jurisdiction to vary High Court orders, Rule 43, Rule 43 Appeal, Rule 43 Applications, Rule 43 orders Carstens v Carstens, child maintenance after divorce, common-law duty of support, Divorce Act 70 of 1979, Divorce Amendment Act 1 of 2024, divorce decree silent on maintenance, Full Bench appeal, Harwood v Harwood, Herfst v Herfst, interim maintenance, K.O v M.O, Loots AJ, LS v GAS, M.V v E.V, Maintenance Act 99 of 1998, maintenance court enquiry, maintenance pendente lite, P v R, retrospective maintenance order, Rule 43, Rule 43 order lapse, S.C.K v B.K, section 16 Maintenance Act, section 6 Divorce Act, Thulare J, upper guardian, Variation Application, Western Cape High Court, ZAWCHC 629 When the Decree Falls Silent: A Rule 43 Order Does Not Survive Divorce – S.C.K v B.K (A143/2026) [2026] ZAWCHC 629 (23 October 2026). This Full Bench appeal in the Western Cape Division decides whether an interim maintenance order granted under Rule 43 continues to operate after a decree of divorce that says nothing… READ MORE
11/10/2026 Bertus Preller Best Interests of the Child, Children, Parental Rights, Parental rights and responsibilities, Protection of Personal Information Act 4 of 2013, School rugby governance, School rugby recruitment, School sport law, Schoolboy Rugby South Africa, Schoolboy rugby transfers best interests of the child section 28, Bought Not Built, Centre for Child Law v Media 24, child privacy South Africa, Children’s Act 38 of 2005, divorce school move child, family law South Africa, Information Regulator complaint, NM v Smith privacy, parental consent children’s act, parenting plan school change, POPIA administrative fine R10 million, POPIA children’s information, POPIA penalties imprisonment, Press Code children, publication of schoolboy rugby transfers, rugby blog privacy, rugby bursary school transfer, schoolboy rugby poaching, schoolboy rugby recruitment, schoolboy rugby transfer sheets, section 18 parental responsibilities and rights, section 30 co-holders, section 31 major decisions, section 34 POPIA, section 35 POPIA competent person, section 7 POPIA journalism exclusion, section 99 POPIA damages, separated parents school decision Schoolboy Rugby Transfer Sheets: What Parental Consent Means in Family Law and What POPIA Does to Blogs That Publish Without It. In a recent article for my Substack newsletter I looked at the running "transfer sheets" that some rugby websites keep of schoolboy players moving between schools, and I asked a… READ MORE
06/10/2026 Bertus Preller Accrual Calculation, Accrual Calculator, Accrual claims, Accrual system, Curator Ad Litem, Direct and substantial interest, Discretionary family trust, Divorce, Divorce and trusts South Africa, Joinder of beneficiaries, Joinder of trustees, Locus standi of beneficiary, Matrimonial Property Act 88 of 1984, Rule 10 Uniform Rules of Court, Section 13 Trust Property Control Act, Sufficient interest in trust, Termination of trust, Trust joinder divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts, Variation of trust provisions : joinder of trust in divorce, accrual system, amendment of particulars of claim, curator ad litem, de facto control of trust, direct and substantial interest, discretionary family trust, divorce and trusts South Africa, duties of trustees, family law South Africa, inherited farm, joinder of beneficiaries, joinder of mortgagee, joinder of trustees, locus standi of beneficiary, Master of the High Court, Matrimonial Property Act 88 of 1984, minor beneficiaries, non-joinder, Northern Cape High Court, points in limine, Rule 10 Uniform Rules of Court, Rule 28 amendment, section 13 Trust Property Control Act, substantially the same question of law or fact, sufficient interest in trust property, termination of trust, Trust Property Control Act 57 of 1988, variation of trust provisions Joining a Family Trust to a Divorce: Why Rule 10 Shut the Door in S[…] v S[…] and Others: In re: S[…] v S[…] (2115/2020) [2026] ZANCHC 86 (5 October 2026). An Inherited Farm, a Discretionary Family Trust and a Marriage at an End: The Facts In S v S and Others: In re: S v S (2115/2020) ZANCHC 86 (5… READ MORE
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
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
17/08/2026 Bertus Preller Alimony, Arrear Maintenance, Child Maintenance, Children, Contempt of Court, Divorce, Maintenance Court, Procedural Law, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance ad factum praestandum, attorney and own client costs, Bannatyne v Bannatyne, committal, contempt of court, Divorce, Divorce Attorney Cape Town, dolus eventualis, emoluments attachment, Fakie v CCII Systems, family law South Africa, Firestone v Genticuro, HG v AG, interim maintenance, M.D.V v F.M.D.V, maintenance enforcement, Maintenance Order, mala fides, medical aid, Pheko v Ekurhuleni, purging contempt, reimbursement of expenses, Rule 43, spousal maintenance, Suspended Sentence, Western Cape High Court, wilfulness, Writ of Execution, ZAWCHC 411 Pay Now, Argue Never: Husband’s Selective Compliance with Rule 43 Maintenance Order Lands Him a Suspended Prison Sentence — M.D.V v F.M.D.V (2025/091265) [2026] ZAWCHC 411 (14 August 2026). The Western Cape Division has once again demonstrated that it will not tolerate maintenance debtors who treat interim maintenance orders as optional, negotiable or subject to their own private assessment… READ MORE
28/07/2026 Bertus Preller Alimony, Bystander test, Child Maintenance, Children, Consent paper rectification, Divorce, Divorce settlement agreement, Dum casta clause, Educational expenses divorce, Holiday allowance maintenance, Implied terms contract, Maintenance, Maintenance Court, Maintenance order variation, Medical expenses divorce, rReasonableness of maintenance expenses, Spousal Maintenance best interests of the child, business efficacy, bystander test, citing a trust in litigation, consent paper rectification, contempt of court maintenance, Divorce Attorney Cape Town, divorce settlement agreement, dum casta clause, educational expenses divorce, Endumeni interpretation, family law South Africa, good faith negotiation, holiday allowance maintenance, implied terms contract, maintenance disputes, maintenance order variation, medical expenses divorce, post-divorce litigation, public policy contracts, reasonableness of maintenance expenses, rectification of agreement, RJS v LAS, trustees representative capacity, upper guardian of minor children, variation of consent paper, Western Cape High Court, Wille J, ZAWCHC 377 The Limitless Gold Credit Card Myth: Why “All” Maintenance Expenses Must Still Be Reasonable — R.J.S and Others v L.A.S (A228/2025) [2026] ZAWCHC 377 (27 July 2026). The Facts: A Consent Paper and a Tsunami of Post-Divorce Litigation The judgment of Wille J in R.J.S and Others v L.A.S (A228/2025) ZAWCHC 377 (27 July 2026) arises from… READ MORE