29/06/2025 Bertus Preller Customary adoption, Inheritance rights, Intestate Succession, Master of the High Court, South African succession law 2009 succession law, adoption formalities, cultural legal norms, customary adoption, customary law adoption, customary legal obligations, Eastern Cape High Court, family inheritance law, indigenous legal systems, inheritance disputes, inheritance rights, intestate estate disputes, intestate heirs, intestate succession, legal definition of descendant, legal descendants, Maneli case, Master of the High Court, Maswanganyi case, Plascon-Evans rule, Reform of Customary Law Act, South African Family Law, South African succession law, succession and customary law, Tshali v Nandi, Ubuntu and law, Ubuntu in law, Xhosa customary law, ZAECMHC 39 When Ubuntu Is Not Enough: Customary Adoption and Succession Rights Examined in Tshali and Another v Nandi and Others (5307/2022) [2025] ZAECMHC 39 (20 May 2025). The Factual Matrix: Customary Bonds, Competing Heirs and a Contested Legacy The dispute in Tshali and Another v Nandi and Others (5307/2022) ZAECMHC 39 arose from a heartfelt claim by… READ MORE
28/06/2025 Bertus Preller Actio communi dividundo, Appeal, Clean Break Principle, Cohabitation, Divorce, Settlement agreement finality, Settlement agreements actio communi dividundo, alternative access arrangements, clean break principle, contractual interpretation family law, contractual occupation rights, court order variation requirements, deed of settlement breach, domestic violence protection orders, Eastern Cape High Court, Endumeni interpretation principles, factual disputes motion proceedings, finality principle settlement agreements, joint property ownership disputes, matrimonial property arrangements, motion court proceedings, occupation rights conditions, Plascon-Evans principle, post-divorce litigation, post-divorce property disputes, property sale compelling orders, Regional Court appeal, romantic partner cohabitation clause, settlement agreement finality, settlement agreement interpretation Settlement Agreement Interpretation Triumph: J.G.C v G.A.C [2025] ZAECMKHC 44 (13 May 2025) – High Court Overturns Property Sale Order. The Factual Matrix: What Led to the Appeal This appeal arose from a bitter post-divorce property dispute between former spouses who had been married for thirty-five years in community of… READ MORE
25/01/2024 Bertus Preller Children, Parental Rights, Relocation 2023 court ruling, best interests of the child, child custody law, Child Relocation, child welfare, child's psychological well-being, court judgment, custody dispute, D.J.H. v A.H, divorce proceedings, Eastern Cape High Court, family advocate report, family law implications, family law judgments, family law precedent, judicial scrutiny, Legal Analysis, legal arguments, legal case review, legal precedent, legal reasoning, Parental Responsibilities, Parental Rights, relocation case study, relocation impact, relocation jurisprudence, relocation opposition, South African Family Law, South African jurisprudence Navigating the Tides of Change: The Intricacies of Child Relocation in D.J.H. v A.H (914/2023) [2023] ZAECMKHC 139, (12 December 2023). – Rugunanan J. Overview of the D.J.H. v A.H Relocation Dispute In the case D.J.H. v A.H (914/2023) ZAECMKHC 139, the Eastern Cape Division of the High Court grappled with a contentious child… READ MORE