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
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
08/08/2025 Bertus Preller Arrear Maintenance, Arrear Maintenance Variation, Arrears, Contempt of Court, Costs, Divorce, Interim Maintenance, International Divorce, Maintenance, Medical incapacity, Procedure, Punitive Cost Orders, Rule 43, Rule 43 Contempt, Rule 43 Cost Contributions, Rule 43 orders, Rule 58, Variation Rule 43(6) attachment of assets, contempt of court, cross-border maintenance, currency considerations, disability pension, divorce proceedings, enforcement mechanisms, foreign curatorship, international family law, Lekhuleni JD, maintenance arrears, maintenance enforcement, maintenance obligations, medical incapacity, party and party costs, Pendente Lite, Rule 43 orders, Rule 43(6) variation, skiing accident, spousal maintenance, stroke defence, Swiss curatorship, Swiss francs, Trust assets, warrants of execution, Western Cape High Court, wilful contempt When Strokes Don’t Stop Support: Medical Incapacity Fails as Maintenance Defence in NLD v ML (Case No 5785/22) [2025] ZAWCHC 337 (6 August 2025). Factual Matrix: When Medical Incapacity Meets Maintenance Obligations The parties in this matter, heard before Lekhuleni J, were married in Switzerland on 23 June 2000, with their marriage remaining subsisting… READ MORE