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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…

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When Pendente Lite Means Exactly That: The Full Bench Ends a Post-Divorce Maintenance Dispute in KIV v CJV (A151/2025) [2026] ZAFSHC 465 (15 October 2026).

This case concerns a divorced husband who asked the Free State High Court to declare that his duty to pay his former wife R25 000 per month in spousal maintenance…

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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…

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Self-Help Is Not a Defence: Ex-Husband Held in Contempt for Flouting Maintenance Order in D.O v M.E (6955/2018) [2026] ZAWCHC 624 (21 October 2026).

This case concerns a former husband who, for the better part of seven years, paid his ex-wife’s court-ordered rehabilitative maintenance when and in the amount he chose, pleaded poverty and…

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When Both Sides Lose: “Absence”, Self-Created Urgency and a Decade of Maintenance Litigation: E.H v J.C.J.V.D (19849/2022) [2026] ZAWCHC 576 (2 October 2026).

A Decade of Enforcement and a Friday Evening Hearing The judgment in E.H v J.C.J.V.D (19849/2022) ZAWCHC 576 (2 October 2026), delivered by Greig AJ in the Western Cape Division,…

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03/10/2026

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)…

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03/10/2026

No Right, Only a Discretion: Rehabilitative Maintenance, Earning Capacity and the Clean Break in H.L.B v J.B (6071/2021) [2026] ZAWCHC 561 (23 September 2026).

The Facts: A Long Marriage, a R9.1 Million Settlement and a Maintenance Claim with No Tender The parties in H.L.B v J.B were married on 22 August 1998, out of…

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23/09/2026

Court Orders Are Not Optional: Contempt, Self-Help and Rule 43 in S.L v A.C and Another (2026/047264) [2026] ZAWCHC 536 (17 September 2026).

The facts: an attempt to recover a Mercedes-Benz in the midst of protracted divorce litigation S.L v A.C and Another (2026/047264) ZAWCHC 536 (17 September 2026) concerned an application arising…

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Defying a Rule 43 Maintenance Order: Weekend Imprisonment and Punitive Costs in V.P v D.P (2026/190344) [2026] ZAWCHC 509 (10 September 2026).

The Facts: Persistent Non-compliance with a Rule 43 Maintenance Order In V.P v D.P (2026/190344) ZAWCHC 509 (10 September 2026), Davis J dealt with an urgent application arising from a…

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