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Unraveling Justice: The Thomas v Balepile Case and South Africa’s Maintenance Law Maze. – Thomas v Balepile (61/2021; CA&R 68/23) [2024] ZANCHC 4 (26 January 2024).

Introduction In a recent and significant decision, Thomas v Balepile (61/2021; CA&R 68/23) ZANCHC 4, delivered on 26 January 2024, the High Court of South Africa, Northern Cape Division, under…

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Deciphering the Best Interests: A Legal Analysis of a Child’s Schooling in Divorce – U.R v S.B and Others (2024-001357) [2024] ZAGPJHC 55 (25 January 2024)

Introduction: Urgent School Enrollment Dispute In this urgent legal matter brought before the court on 11 January 2024, the core issue revolved around the schooling of a minor child amidst…

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Navigating the Complex Waters of Financial Disclosure in Rule 43 Applications and Legal Ethics: A Closer Look at a Landmark Ruling and the Conduct of the Respondent’s Attorney.

I P v N P ; In re: N P v I P (16768/2023) ZAWCHC 170 (20 November 2023) Analysis of Rule 30 and Rule 43 Applications Overview of the…

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Listening to the Unheard: How a South African Court Prioritised Children’s Voices in a Landmark Care and Contact Decision.

C D v M D (093505/2023) ZAGPPHC 1231 (7 November 2023) A. Introduction Unnecessary Litigation in Family Disputes In this case, the court highlighted the issue of unnecessary litigation in…

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Securing Maintenance Dues: High Court Asserts Authority to Attach Retirement Funds for Arrear Payments in South Africa.

I.K.L v S.E.L and Others (11212 / 2013) ZAGPJHC 1235 (26 October 2023) Summary of the Case Facts of the Case The crux of the case revolves around the enforcement…

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The Balancing Act: When Uncles Step In. A Child’s Best Interests, and How a South African Court Navigated Familial Bonds.

D.T and Another v M.A.M.F (2023/032929) ZAGPJHC 1204 (24 October 2023) Background and Points in Limine The case revolved around the first and second applicants, who were the uncles of…

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