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
28/06/2025 Bertus Preller Abuse of Process, Discovery, Divorce, Fishing expedition discovery, Matrimonial proceedings discovery, Procedural Law, Rule 35(1) discovery, Rule 35(14) abuse of process discovery, court compulsion applications, court discovery procedures, discovery alternative mechanisms, discovery application abuse, discovery application costs, discovery application timing, discovery case management, discovery legal principles, discovery mechanism selection, discovery procedural errors, discovery timing requirements, document compulsion applications, document inspection rules, essential documents test, fishing expedition discovery, joint estate document access, matrimonial discovery disputes, matrimonial litigation discovery, matrimonial proceedings discovery, matrimonial property documentation, pleading purposes discovery, post-pleading discovery, procedural abuse family law, procedural discipline discovery, procedural requirements discovery, Rule 35(1) discovery, Rule 35(14) South Africa Procedural Abuse in Discovery: M.G.K v M.J.K (2024/074608) [2025] ZAGPPHC 535 (23 May 2025) – When Rule 35(14) Goes Wrong. The Factual Matrix: Divorce Proceedings and Document Discovery Disputes This procedural dispute arose within the context of contested divorce proceedings that commenced in March 2024, when the applicant instituted action… READ MORE