16/12/2025 Bertus Preller Abuse of Process, Access to justice section 34, Attorney and client costs, Bona fide defence, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Contumacious conduct, Costs, Discovery, Divorce, Duty to court, Good cause rescission, Hostile Family Lawyers, Inherent powers of court, Legal practitioner complicity, legal practitioner ethical duties, LPC Code of Conduct, Matrimonial proceedings discovery, Muslim Marriages, Procedural Law, Procedural non-compliance, Procedure, Punitive costs orders, Rescission of default judgment, Rule 35(1) discovery, Rule 35(3) notice, Rule 35(7), Section 173 Constitution, Serial contempt, Stalingrad tactics, Striking out defence, Uniform Form Rules of Court, Vexatious Litigant, Vexatious litigation, Vindicating court authority abuse of court process, Attorney and Client Costs, bona fide defence, chamber book applications, contempt of court, contumacious conduct, discovery obligations, divorce action, duty to court, family law litigation, good cause rescission, inherent powers of court, legal practitioner complicity, legal practitioner ethical duties, LPC Code of Conduct, maintenance claims, procedural non-compliance, punitive costs orders, rescission of default judgment, Rule 35(3) notice, Rule 35(7), section 173 Constitution, section 60.1, section 60.2, serial contempt, Stalingrad tactics, striking out defence, vindicating court authority, wilful default When the Court Draws a Line in the Sand: Striking Out for Serial Contempt and Abuse of Process in S.L v A.C (8030/2021) [2025] ZAWCHC 565 (4 December 2025). Introduction The case of S.L v A.C (8030/2021) ZAWCHC 565 (4 December 2025) serves as a stark reminder that access to justice does not mean access to courts on one's… READ MORE
28/06/2025 Bertus Preller Abuse of Process, Discovery, Divorce, Fishing expedition discovery, Matrimonial proceedings discovery, Procedural Law, Rule 35(1) discovery, Rule 35(14) abuse of process discovery, court compulsion applications, court discovery procedures, discovery alternative mechanisms, discovery application abuse, discovery application costs, discovery application timing, discovery case management, discovery legal principles, discovery mechanism selection, discovery procedural errors, discovery timing requirements, document compulsion applications, document inspection rules, essential documents test, fishing expedition discovery, joint estate document access, matrimonial discovery disputes, matrimonial litigation discovery, matrimonial proceedings discovery, matrimonial property documentation, pleading purposes discovery, post-pleading discovery, procedural abuse family law, procedural discipline discovery, procedural requirements discovery, Rule 35(1) discovery, Rule 35(14) South Africa Procedural Abuse in Discovery: M.G.K v M.J.K (2024/074608) [2025] ZAGPPHC 535 (23 May 2025) – When Rule 35(14) Goes Wrong. The Factual Matrix: Divorce Proceedings and Document Discovery Disputes This procedural dispute arose within the context of contested divorce proceedings that commenced in March 2024, when the applicant instituted action… READ MORE