15/01/2026 Bertus Preller Accrual Calculation, Accrual Calculator, Accrual claims, Accrual system, Divorce, Eviction, PIE Act, Procedural Law, Procedure accrual claim, accrual disputes, accrual system, constitutional arguments, contingent rights, conveyancing law, divorce and property, divorce litigation, doctrine of notice, eviction defence, eviction proceedings, family law practitioners, finality in litigation, leave to appeal, matrimonial home, matrimonial property, PIE Act, property ownership, property transactions, reconsideration applications, registered ownership, section 17(2)(f), South African Family Law, spousal occupation, Superior Courts Act, Supreme Court of Appeal, third party purchasers, transfer of property Accrual Rights, Ownership and Eviction: Clear Limits on Spousal Claims Before Divorce — J.M.M and Another v Cara Dorothy Masureik and Others (807/2024) [2026] ZASCA 1 (8 January 2026). Factual Background and Procedural History The matter in J.M.M and Another v Cara Dorothy Masureik and Others arose from protracted and unresolved divorce proceedings between the first applicant and her… READ MORE
18/04/2025 Bertus Preller Arrears, Contempt of Court, Costs, Maintenance, Procedural Law, Variation application proceedings, best interests of children, changed financial circumstances, child support, Civil Contempt, constitutional right of access to courts, contempt of court, Court Order Compliance, enforcement mechanisms, eviction risk, family home, Judicial Discretion, leave to appeal, maintenance arrears, maintenance beneficiaries, maintenance enforcement, maintenance obligations, Maintenance Order, mala fides, Parker AJ, periodic imprisonment, Plascon Evans test, purging contempt, South African Family Law, Superior Courts Act, Suspended Sentence, Variation Application, Western Cape High Court, willful non-compliance Contempt Before Variation: E.W v V.T.H (Leave to Appeal) (7333/2024) [2025] ZAWCHC 162 (11 April 2025). Background to the E.W v V.T.H Contempt Application The case of E.W v V.T.H (Leave to Appeal) (7333/2024) ZAWCHC 162 (11 April 2025) highlights the ongoing tension between maintenance obligations… READ MORE
17/06/2024 Bertus Preller Appeal, Best Interests of the Child, Children, Parental Rights, Procedure appealable order, best interests of children, care assessment, Case No: 3358/2024, children's act, contact assessment, DR v NM and RL, Family Advocate, Girdwood v Girdwood, interlocutory order, Kotze v Kotze, leave to appeal, Minor Children, parenting plan, S v Notshokovu, Superior Courts Act, Supreme Court ActDR v NM and Another (3358/2024) [2024] ZAWCHC 69 - (7 June 2024), Tshwane City v Afriforum, upper guardian, Western Cape High Court DR v NM and RL: Western Cape High Court Upholds Best Interests of Children in Dismissing Leave to Appeal of DR v NM and Another (3358/2024) [2024] ZAWCHC 69 – (7 June 2024). Introduction In a recent judgment, the Western Cape High Court dismissed an application for leave to appeal brought by the first respondent against an order directing the Office of the… READ MORE