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
28/05/2025 Bertus Preller Arrears, Children, Divorce, Interim Maintenance, Islamic Law, Maintenance, Muslim Marriages, Punitive Cost Orders, Rule 43 Acting Judge Van Zyl, attorney client costs, blameworthy conduct, child maintenance, child support enforcement, contempt of court, Contempt Proceedings, curator ad litem, family court orders, family law contempt, family law enforcement, maintenance arrears, maintenance contempt, maintenance default, maintenance defaulters, maintenance enforcement, maintenance obligations, maintenance variation applications, mala fides, periodical imprisonment, punitive costs orders, rental obligations, Rule 43 maintenance, Rule 43 orders, South African Family Law, Suspended Sentence, weekend imprisonment, Western Cape High Court, wilful non-compliance Contempt of Court for Maintenance Default: Weekend Imprisonment and Punitive Costs in S.L v A.C (2024/143281) [2025] ZAWCHC 212 (21 May 2025). Facts The parties were married on 27 April 2009 under Shariah law and have two minor children. Their civil marriage still subsisted, albeit described by Acting Judge Van Zyl as… READ MORE