30/09/2025 Bertus Preller Alimony, Civil contempt South Africa, Contempt of Court, Costs, Maintenance, Procedural Law, Rule 43, Rule 43 Contempt, Rule 43 orders, Spousal Maintenance, Unaffordability defence, Variation Rule 43(6) affordability defence evidence, civil contempt South Africa, constitutional rights maintenance, contempt of court, contribution to legal costs, Equality of Arms, Fakie test contempt, financial disclosure requirements, Gauteng High Court Johannesburg, joint estate litigation, judicial integrity, late filing affidavits, maintenance arrears, mala fide conduct, procedural abuse family law, punitive costs order, Rule 43 proceedings, Rule 43(6) variation, section 10 dignity, section 34 access to justice, section 9 equality, spousal maintenance non-payment, suspended sentence contempt, T.F.C v B.J.C 2025, unaffordability defence, Uniform Rules of Court, warrant of arrest maintenance, wilful non-compliance, ZAGPJHC 956 When “I Cannot Afford It” Fails: Contempt, Constitutional Rights and Procedural Abuse in T.F.C v B.J.C (21300/2022) [2025] ZAGPJHC 956 (25 September 2025). From Rule 43 Relief to Repeated Refusal: The Factual Matrix of Mounting Non-Compliance The factual backdrop to this contempt application reveals a distressing pattern of deliberate defiance that began almost… READ MORE
13/11/2024 Bertus Preller Alimony, Appeal, Arrear Maintenance Variation, Arrears, Best Interests of the Child, Child Maintenance, Children, Costs, Maintenance, Maintenance Court, Variation child interests, child maintenance, child rights, Constitutional Court, court access, judicial authority, judicial integrity, Legal Practitioners, Maintenance Act, maintenance appeals, maintenance arrears, maintenance beneficiaries, maintenance claims, maintenance compliance, maintenance courts, maintenance default, maintenance discharge, maintenance enforcement, maintenance judgments, maintenance jurisdiction, maintenance law, maintenance obligations, maintenance officers, maintenance orders, maintenance proceedings, maintenance variations, maintenance write-offs, Prescription Period, punitive costs, SS v VV-S Maintenance Orders in South African Law Constitutional Court Jurisprudence and Fundamental Principles Introduction The enforcement of maintenance orders in South Africa has evolved significantly through Constitutional Court jurisprudence. The landmark case SS v VVS 2018 (6)… READ MORE