08/09/2025 Bertus Preller Abuse of Process, Alimony, Contempt of Court, Divorce, Magistrate's Court jurisdiction, Procedural Law, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance attorney-client costs, Bannatyne decision, Burden of Proof, Civil Contempt, Constitutional Court, contempt of court, Fakie test, financial disclosure, forum shopping, inability to pay defence, magistrate's court jurisdiction, maintenance arrears, maintenance contempt, maintenance enforcement, mala fides, Pheko case, procedural abuse, Rule 43 proceedings, Rule 43(6) variation, Suspended Sentence, wilful non-compliance Forum Shopping and Maintenance Contempt: M.M v M.F (2023-024319) [2025] ZAGPJHC 857 (4 September 2025) – When Procedural Abuse Meets the Fakie Test. Factual Matrix: From Rule 43 Order to Contempt Proceedings The factual backdrop to this matter illustrates the unfortunate reality facing many maintenance beneficiaries in South Africa. The parties, former spouses… READ MORE
01/03/2025 Bertus Preller Best Interests of the Child, Children, Guardianship, Maintenance, Maintenance Court, Parental Rights, Procedure best interests of the child, Case Law, child support, children's rights, Children’s Court, children's act, common law, Constitutional Court, Constitutional Rights, duty of support, Family Law, forum non conveniens, forum shopping, Judicial Discretion, jurisdiction, legal nullity, Maintenance Act, maintenance court, maintenance obligations, Mediation, parental authority, Parental Duties, parental responsibility, right to support, South African Law, statutory interpretation, UNCRC, unmarried fathers FCP v STC: Western Cape High Court Rules Parental Maintenance Duty Cannot Be Terminated (A 46/2024; 29 January 2025). The Constitutional Right to Child Maintenance Cannot Be Terminated: Understanding the Landmark Judgment In the groundbreaking case of FCP v STC and Another (A 46/2024; 1762021/000227) ZAWCHC 68 (29 January… READ MORE
18/07/2024 Bertus Preller Best Interests of the Child, Children, Costs, Parental Rights, Procedure, Rule 43 abuse of process, best interests of the child, Child Custody, child welfare, Constitutional Rights, divorce proceedings, Family Law, forum shopping, High Court, interim orders, Judicial Discretion, Legal Procedure, Legal Strategy, matrimonial matters, regional court, Rule 43, Rule 58, South African Law, urgency Navigating the Maze: Forum Shopping and Urgency in Family Law – Insights from D.G.S.F v M.F and Another (347/2024) [2024] ZAFSHC 207. Background: A High-Stakes Rule 43 Application The case of D.G.S.F v M.F and Another (347/2024) ZAFSHC 207 (2 July 2024) centres on a contentious Rule 43 application in the Free… READ MORE