30/03/2026 Bertus Preller Amputation minor child, Best interests of child short-term, Best Interests of the Child, Children, constitutional rights of children, Medical treatment minor child, Religious beliefs parental refusal, Section 129(9) Children's Act, Surgical intervention minor child, Traditional healing consent amputation minor child, best interests of the child, children's constitutional rights, Children’s Act 38 of 2005, Family Advocate memorandum, Hay v B, Life Health Care Group v JMS, locus standi hospital, medical treatment minor child, medically accepted alternative, meningococcal septicaemia, National Health Act 61 of 2003, Pangarker J, parental consent minor child, parental rights versus child's rights, Red Cross War Memorial Children's Hospital, religious beliefs parental refusal, section 129 Children's Act, section 129(10) Children's Act, section 129(6) Children's Act, section 129(9) Children's Act, section 28(2) Constitution, section 36 Constitution limitation of rights, surgical intervention minor child, traditional healing consent, upper guardian High Court, urgent application minor child, Western Cape High Court, ZAWCHC 150 When Faith Meets the Scalpel: How the Western Cape High Court Stepped In to Save a Six-Year-Old’s Life — Red Cross War Memorial Children’s Hospital v MD and Another (2026/049305) [2026] ZAWCHC 150 (27 March 2026). The Facts: A Six-Year-Old, Gangrenous Feet and a Family's Unyielding Faith On 19 January 2026, a six-year-old girl, referred to as AD to protect her identity, was admitted to the… READ MORE
20/03/2026 Bertus Preller Children, Divorce, Divorce Statistics, Marriage Statistics South Africa children affected by divorce South Africa, crude divorce rate South Africa, divorce analysis South Africa, divorce and children South Africa, divorce by population group South Africa, divorce litigation trends South Africa, divorce rate South Africa 2024, divorce statistics article South Africa, divorce trends South Africa, family law South Africa, family law trends South Africa, first marriages divorce South Africa, formal divorce statistics South Africa, Gauteng divorce statistics, KwaZulu-Natal divorce statistics, marriage duration divorce South Africa, Marriages and Divorces 2024, median age at divorce South Africa, rise in divorces South Africa, South Africa divorce statistics 2024, South Africa divorce statistics released 19 March 2026, South African court divorces, South African divorce report 2026, South African family breakdown, Stats SA divorce statistics, Stats SA marriages and divorces 2024, Western Cape divorce statistics, who files for divorce South Africa, wives initiate divorce South Africa South Africa’s 2024 divorce statistics, released on 19 March 2026: what changed, what matters, and what the numbers really show. This article explains the key features of Statistics South Africa’s latest divorce release, highlights the most important movements from 2023 to 2024, and places the published figures in their wider… READ MORE
16/03/2026 Bertus Preller Alimony, Appeal, Arrear Maintenace, Arrear Maintenance, Arrear maintenance claims, Best Interests of the Child, Child Maintenance, Children, Divorce, Duty to maintain, Interim Maintenance, Interlocutory applications, Irregular proceedings, Leave to appeal Superior Courts Act, Maintenance, Maintenance Court, Parental Rights, Pendente Lite, Procedural Law, Punitive costs orders, Rule 43, Rule 43 Appeal, Rule 43 Applications, Rule 43 orders, Rule 58, Spousal Maintenance, Stepparents, Variation Rule 43(6) accrual system, appealability, blended families, common law development, Divorce, divorce proceedings, duty of support, Family Law, Govindjee AJA, interests of justice, interim maintenance, interim relief, jurisdictional threshold, maintenance pendente lite, non-appealability, out of community of property, piecemeal appeals, Rule 43, Rule 43(6), SCA, section 16(3), section 173 Constitution, South African divorce law, statutory bar, stepchildren, stepparent maintenance, Superior Courts Act, Supreme Court of Appeal, Western Cape High Court Blended Families, Bitter Disputes and a Blocked Appeal: The SCA Draws the Line on Rule 43 Appealability in B.E v N.T and Others (505/2025) [2026] ZASCA 25 (11 March 2026). The Facts: A Blended Family, a Breakdown, and a Battle Over Stepchildren's Maintenance BE and NT married on 27 April 2018, out of community of property subject to the accrual… READ MORE
06/03/2026 Bertus Preller Alimony, Best Interests of the Child, Children, Divorce, Duty to court, Duty to maintain, Financial non-disclosure, Interim Maintenance, Maintenance, Non-disclosure consequences, Rule 43, Rule 43 Applications, Rule 43 orders, Spousal Maintenance, Trusts, Trusts, Variation Rule 43(6) Pleading Poverty While Plundering the Pot: The Courts Draw a Hard Line on Rule 43(6) Abuse — C V S v S V S (18688/2022) [2026] ZAWCHC 30 (16 February 2026). The Facts: A Pattern of Non-Disclosure and Deliberate Financial Engineering In C V S v S V S (18688/2022) ZAWCHC 30 (16 February 2026), Holderness J was confronted with what… READ MORE
01/03/2026 Bertus Preller Appeal, Arrear maintenance claims, Arrear Maintenance Variation, Child Maintenance, Children, Contempt of court maintenance, Duty to maintain, Maintenance, Maintenance Act 99 of 1998, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance Court, Maintenance order enforcement, Noting a maintenance appeal, Regulation 15 maintenance appeal, Section 15 Maintenance Act, Section 25 maintenance appeal, Technology in Law appellate interference maintenance, calendar days versus court days, Cape Town maintenance court, child maintenance South Africa, CPI escalation maintenance, Douglas v Douglas, duty to maintain children, education price index, household expense apportionment, Interpretation Act 33 of 1957, Magistrates' Court Rules, Maintenance Act 99 of 1998, maintenance appeal, maintenance appeal time limits, maintenance court, maintenance enquiry, maintenance formula, Maintenance Order, medical costs maintenance order, Mentz v Simpson, noting a maintenance appeal, pro rata maintenance calculation, reasonable maintenance expenses, Regulation 15 maintenance appeal, school fees maintenance, section 15 Maintenance Act, section 25 maintenance appeal, unrepresented litigant maintenance, Western Cape High Court Maintenance Appeals Unpacked: Timing, Calculations and the Separation of Costs — T.M-S v I.N (Appeal) (A31/2025) [2026] ZAWCHC 72 (19 February 2026). The Facts: A Maintenance Enquiry Gone Awry The matter of T.M-S v I.N (Appeal) (A31/2025) ZAWCHC 72 (19 February 2026) came before Pangarker J and Davis AJ in the Western… READ MORE
16/01/2026 Bertus Preller Adultery, Children, Divorce, Divorce Act section 9, Forfeiture of Benefits, Forfeiture patrimonial benefits, In Community of Property, Matrimonial property forfeiture, Pension Funds, Pension Funds Act 24 of 1956, Pension interest, Substantial misconduct, Substantial misconduct, Undue benefit test adultery extra-marital relationship, balancing contributions misconduct, Botha v Botha forfeiture, BS v PS isolated misconduct, credibility assessment divorce proceedings, cumulative misconduct assessment, discretion costs divorce matters, divorce irretrievable breakdown, domestic contributions recognition, duration of marriage neutral factor, family law Gauteng Division, forfeiture patrimonial benefits, homemaker contributions divorce, humiliation spouse dignity, marriage in community of property, Mashola v Mashola holistic approach, Municipal Gratuity Fund, non-financial contributions marriage, partial forfeiture pension only, pension interest forfeiture, procreation with third party, public humiliation Facebook, sale joint estate property, section 9 Divorce Act, social media pregnancy announcement, substantial misconduct divorce, two-step forfeiture test, undue benefit divorce, value judgment forfeiture orders Forfeiture of Pension Benefits for Adultery, Procreation and Public Humiliation via Social Media: E.M v S.M (096891/2024) [2026] ZAGPPHC 8 (12 January 2026). Factual Background: Extra-Marital Relationship and the Birth of a Third Child The parties in this matter were married in community of property on 10 January 2011. Their marriage, which lasted… READ MORE
15/01/2026 Bertus Preller 1996 Hague Convention, Abducting parent defences, Abduction, Article 3 Hague Convention, Best interests of child short-term, Best Interests of the Child, Children, Cross-border parental rights recognition, Curator Ad Litem, Custody, Dependency model habitual residence, Domicile, Grave risk psychological harm, Habitual Residence, Hague Convention on the Civil Aspects of International Child Abduction, Inter-provincial custody, International child retention, Parental Alienation, Parental responsibility Italian law, Parental Rights, Relocation, Unmarried fathers, Unmarried Parents 1996 Hague Convention, acquiescence defence child abduction, Article 13 defences, Article 3 Hague Convention, best interests of child short-term, Central Authority South Africa, child custody Switzerland, cross-border parental rights recognition, curator ad litem appointment, custody rights unmarried fathers, dependency model habitual residence, family law international jurisdiction, Geneva habitual residence, grave risk psychological harm, habitual residence determination, Hague Convention child abduction, international child retention, international family law, Italian Civil Code Article 316, parental responsibility Italian law, parental rights operation of law, protective measures return orders, return order conditions, settled purpose intention residence, Swiss Civil Code parental rights, Swiss Federal Act Private International Law, unmarried parents custodial rights, wrongful removal children, wrongful retention South Africa Unmarried Parents’ Custodial Rights and Cross-Border Habitual Residence: Central Authority for the Republic of South Africa v MV and Another (1396/2024) [2025] ZASCA 197 (18 December 2025). Factual Background: From Geneva to Gauteng – The Retention of a Minor Child The factual matrix in this matter presents a textbook illustration of how international child retention disputes arise… READ MORE
06/01/2026 Bertus Preller Abduction, Best Interests of the Child, Children, Family law international travel, Hague Convention on the Civil Aspects of International Child Abduction, Holiday Travel, International relocation, International Travel, International travel with minors, Relocation, Section 26B Citizenship Act, South African passport requirements best interests of child, citizenship offences major citizens, court authorization travel minors, custody international relocation, Da Silva Salie J, Department of Home Affairs, dispensing parental consent, divorce order contact rights, Family Advocate investigation, family law international travel, family law practitioners South Africa, immigration compliance minor children, international travel with minors, minor child travel authorization, parental rights international travel, passport non-compliance consequences, passport renewal minor child, section 26B Citizenship Act, section 28(2) Constitution, sibling relationships contact disputes, South African passport requirements, travel safeguards return flights, upper guardian powers, Western Cape High Court Section 26B Citizenship Act Does Not Apply to Minors: A.T.A v L.A.A (2025/246332) [2025] ZAWCHC 597 (19 December 2025) Clarifies International Travel Authorisation. Introduction The Western Cape High Court recently delivered an important judgment clarifying the application of passport and citizenship requirements to minor children travelling internationally. In A.T.A v L.A.A (2025/246332) ZAWCHC… READ MORE
19/12/2025 Bertus Preller Adversarial Legal System, Best Interests of the Child, Children, Children's Court, Children's matters South Africa, Divorce, Hostile Family Lawyers, Lawyer-client alignment, Legal Practice Act 28 of 2014, Litigation misconduct, LPC Code of Conduct, LPC Code of Conduct, Mediation, Parental Coordinator, Parental Rights, Rule 41A mediation notice, Zealous advocacy adversarial litigation, Alternative Dispute Resolution, attorney ethics children, best interests of child, child-centred advocacy, child-focused representation, children's matters South Africa, Children’s Act 38 of 2005, co-parenting relationships, collaborative family law, contact disputes, costs de bonis propriis, custody disputes, family law ethics, family law South Africa, family mediation mandatory, lawyer-client alignment, Legal Practice Act 28 of 2014, Legal Practice Council, LPC Code of Conduct, mediation family law, parental alienation, parental conflict, parenting responsibilities, professional conduct family lawyers, Rule 43 applications, section 6(4) Children's Act, section 7 Children's Act, Van den Berg v Le Roux, zealous advocacy When Lawyers Become Warriors: The Dangers of Over-Identification with Clients in South African Children’s Matters. Introduction In high conflict childcare and contact disputes, lawyers sometimes align so closely with their clients’ positions that they become virtual proxies for parental animosity. This “over-identification” with clients, even… READ MORE
13/12/2025 Bertus Preller Adult Children, Arrear Maintenance, Arrear maintenance claims, Arrear Maintenance Variation, Child Maintenance, Children, Contempt of court maintenance, Costs, Divorce order interpretation, Locus standi adult dependent children, Maintenance, Maintenance Calculator, Maintenance Calculator, Maintenance Court, Maintenance order enforcement, Major children maintenance rights, Natural guardianship termination, Parent standing enforcement, Post-divorce maintenance enforcement, Procedural Law, Punitive Cost Orders, Section 6(3) Divorce Act, Self-supporting children definition, Settlement agreement drafting adult dependents tertiary education, ancillary maintenance orders, arrear maintenance claims, Bannatyne contempt proceedings, best interests child section 28(2), Bursey common law duty support, civil claim reimbursement, contempt of court maintenance, divorce order interpretation, divorce settlement clauses, Endumeni interpretation principles, family law practitioners, locus standi adult dependent children, Maintenance Act enforcement, maintenance order enforcement, major children maintenance rights, natural guardianship termination, parent standing enforcement, payment recipient designation, PL v YL settlement agreements, post-divorce maintenance enforcement, primary caregiver designation, section 6(3) Divorce Act, section 8 Divorce Act variation, self-supporting children definition, settlement agreement drafting, Western Cape Full Court, Z v Z distinction Parents Stripped of Enforcement Rights for Adult Children’s Maintenance Post-Divorce: A Critical Analysis of R.L v J.F.D.L (A128/2024) [2025] ZAWCHC 585 (12 December 2025). The Facts: Post-Divorce Enforcement of Maintenance for Adult Dependent Children The appellant and respondent were married in community of property for thirty years before divorcing in the High Court on… READ MORE