25/06/2026 Bertus Preller Alimony, Arrear Maintenance, Arrear maintenance claims, Child Maintenance, Children, Civil contempt South Africa, Contempt of Court, Contempt of court maintenance, Divorce, Financial non-disclosure, Maintenance, Maintenance Court, Maintenance Court, Maintenance order enforcement, Non-disclosure consequences, Plascon Evans Rule, Post-divorce maintenance, Post-divorce maintenance enforcement, Spousal Maintenance, Uberrimae fidei matrimonial proceedings Arrear Maintenance, Attorney and Client Costs, beyond reasonable doubt, child maintenance, Civil Contempt, contempt of court, Contempt Proceedings, Davis AJ, Dezius v Dezius, Divorce Act, dolus eventualis, Eke v Parsons, evidential burden, Fakie v CCII Systems, family law South Africa, financial disclosure, full and frank disclosure, inability to pay defence, luxuries non-essentials, maintenance court variation, maintenance debtor, Maintenance Order, parental maintenance obligations, Pheko v Ekurhuleni, Plascon-Evans rule, poverty defence, settlement agreement order of court, Western Cape High Court, wilful and mala fide When “I Can’t Pay” Becomes Contempt: Luxuries, Maintenance Arrears and the Duty of Full Disclosure in D.W v J.L.K (12604/2015) [2026] ZAWCHC 322 (17 June 2026). D.W v J.L.K (12604/2015) ZAWCHC 322 (17 June 2026) The facts: a maintenance debtor who paid for luxuries before his children The applicant and respondent divorced in 2015. In terms… READ MORE
31/05/2026 Bertus Preller Conflict of Interest, Eviction, In Community of Property, Joinder, Joinder of convenience, Locus Standi, LPC Code of Conduct, LPC Code of Conduct, PIE ACT, Plascon Evans Rule, Prevention of Illegal Eviction Act, Section 17 Matrimonial Property Act, Spousal Eviction Absa Bank v Naude, clause 3.9 legal practitioners, conflict of interest attorney, customary marriage community of property, direct and substantial interest, dispute of fact motion proceedings, Gordon v Department of Health, joinder of convenience, joint estate litigation, locus standi eviction, LPC Code of Conduct, Matjhabeng Local Municipality, N.C.M.W v P.S.K, necessary joinder, oral evidence referral, person in charge PIE, PIE Act eviction, Plascon-Evans rule, Prevention of Illegal Eviction Act, Room Hire Co, Rule 6(5)(g) referral, section 17 Matrimonial Property Act, spousal consent litigation, spousal joinder eviction, universal partnership co-ownership, unlawful occupier, Western Cape High Court eviction, Wightman v Headfour, ZAWCHC 272 Eviction by One Spouse, Joinder of the Other, and the Conflict Trap: Lessons from N.C.M.W v P.S.K and Others (2025/218300) [2026] ZAWCHC 272 (29 May 2026). A recent judgment of the Western Cape Division, N.C.M.W v P.S.K and Others (2025/218300) ZAWCHC 272 (29 May 2026), is a useful teaching case. On its face it is a… READ MORE
21/11/2025 Bertus Preller 15(2)(a) matrimonial property act, Abuse, Actio communi dividundo, Alienation of immovable property, Dispensing with spousal consent, Divorce, Domestic Violence, Domestic Violence, In Community of Property, Matrimonial Properties Act, Plascon Evans Rule, Section 16(1) actio communi dividundo, alienation of immovable property, bona fide dispute of fact, bound co-ownership, credit agreements joint estate, dispensing with spousal consent, evidentiary burden motion proceedings, family law property disputes, free co-ownership, good cause to dispense with consent, joint estate, joint estate property sale, marriage in community of property, matrimonial property disputes, MEPF case, national credit act section 129, Plascon-Evans principles, prejudice to joint estate, private sale vs execution sale, reinstatement of credit agreement, Rule 46A, sale in execution, section 15(2)(a) matrimonial property act, section 15(2)(f) matrimonial property act, section 16(1) matrimonial property act, spousal consent requirements, unreasonable withholding of consent, withholding consent unreasonably Breaking the Deadlock: When Courts Override a Spouse’s Refusal to Sell Joint Estate Property – J.G.S v S.E.S and Others (A283/2024) [2025] ZAWCHC 543 (21 November 2025). Introduction The Western Cape High Court's decision in J.G.S v S.E.S and Others (A283/2024) ZAWCHC 543 addresses a question of considerable practical importance in South African family law: when may… READ MORE
01/11/2025 Bertus Preller Abuse, Best Interests of the Child, Children, Conduct of Childcare Experts, Interlocutory applications, Motion proceedings, Parental Alienation, Parental Rights, Plascon Evans Rule, Procedural Law, Procedure, Referral to trial, Rule 6(5)(g), Sexual Abuse, Sexual Abuse Allegations abuse of process, child contact disputes, Children's Best Interests, Children’s Act 38 of 2005, coaching of child, court as upper guardian, credibility assessment, custody and access, Dispute of Fact, expert evidence family law, expert witness requirements, family advocate report, forensic psychologist report, interlocutory applications, judicial investigation children, motion proceedings, onus of proof family law, Parental Rights, Plascon-Evans rule, referral to trial, room hire principle, Rule 6(5)(g), section 28 best interests, sexual abuse allegations, shared parenting arrangements, South African Family Law, supervised contact, suspension of contact rights, unsubstantiated allegations Unproven Abuse Allegations and Expert Evidence: When Courts Reject Referral to Trial in Child Contact Disputes – C.N v I.G.R (D6383/2024) [2025] ZAKZDHC 68 (28 October 2025). The Factual Matrix: Allegations of Sexual Abuse and Protracted Litigation The case of C.N v I.G.R (D6383/2024) ZAKZDHC 68 (28 October 2025) presents a troubling factual scenario that will resonate… READ MORE
29/06/2025 Bertus Preller Costs, Customary Law, Customary Marriages, Motion Proceedings, Plascon Evans Rule, Punitive Cost Orders, Recognition of Customary Marriages Act affidavit conflict, ancestral law, Black Administration Act, civil marriage, customary marriage, customary rites, Deane AJ, estate administration, executor appointment, family law litigation, Germiston, High Court Free State, inheritance law, KwaZulu Natal, legal burden of proof, legal recognition, lobolo, Marital Disputes, marital status dispute, marriage registration, Master of the High Court, matrimonial property, Moloi v Nkosi, motion proceedings, Plascon-Evans rule, QwaQwa, RCMA 120 of 1998, South African Family Law, Zulu marriage customs Moloi v Nkosi and Others (1713/2025) [2025] ZAFSHC 153 (15 May 2025): Customary Marriage Claims Undone by Motion Proceedings and the Plascon-Evans Rule. The Factual Matrix: Competing Marital Claims and the Legacy of Customary Law At the heart of Moloi v Nkosi and Others (1713/2025) ZAFSHC 153 (15 May 2025) lies a bitter… READ MORE
29/06/2025 Bertus Preller Motion Proceedings, Plascon Evans Rule, Procedure, Viva Voce Evidence Motion Proceedings binding agreement dispute, Business Partners case, case law oral contracts, civil procedure South Africa, company credit card misuse, company director dispute, director resignation, divorce and business, Durban High Court 2025, family-owned business, High Court oral evidence referral, legal disputes in marriage, legal interpretation emails, Litigation Strategy, misleading correspondence, motion proceedings, oral agreement, oral contract litigation, Plascon-Evans, shareholder dispute, Shelley Beach legal dispute, smoking gun emails, South African company law, South Coast Mall businesses, Uniform Rule 6(5)(g), W.M.T v M.T case, WhatsApp evidence, World Focus 754 CC, ZAKZDHC 19 2025 Oral Agreement or Illusion? W.M.T v M[…].T[…] .9… Ltd and Others (D6021/2023) [2025] ZAKZDHC 19 (7 May 2025): A Lesson in Motion Proceedings Gone Awry. The Factual Matrix: A Collapsing Marriage, Business Tensions, and Alleged Oral Agreements At the heart of the dispute in W.M.T v M.T .9 (Pty) Ltd and Others (D6021/2023) ZAKZDHC 19… READ MORE