13/09/2025 Bertus Preller Births Deaths Registration Act, Constitutional law, Gender discrimination, Gender equality, Marriage equality, Patriarchal laws, Surname changes, Unfair discrimination Births Deaths Registration Act, Civil Union Act, colonial law legacy, constitutional challenge, Constitutional Court, constitutional law, discrimination analysis, equality jurisprudence, equality rights, family identity choices, Family Law, gender discrimination, Gender Equality, gender-neutral legislation, human dignity, legislative reform, marital naming rights, marriage equality, men's rights, patriarchal laws, reading-in remedy, section 9 Constitution, South African Law, substantive equality, surname changes, suspended declaration invalidity, unfair discrimination, women's rights Constitutional Court Ends Gender-Based Surname Discrimination: Jordaan and Others v Minister of Home Affairs and Another (CCT 296/24) [2025] ZACC 19 (11 September 2025) – Husbands Can Now Take Their Wives’ Surnames. The Factual Matrix: When Husbands Want to Take Their Wives' Surnames The facts giving rise to this landmark constitutional challenge present a stark illustration of how outdated legislation can collide… READ MORE
13/08/2025 Bertus Preller Abduction, Best Interests of the Child, Children, Guardianship, Hague Convention on the Civil Aspects of International Child Abduction, Immigration, Relocation, Section 28 Constitution, Unilateral relocation, Views of the Child best interests, child welfare, children's rights, children's act, co-guardianship, conditional consent, consent affidavit, Constitutional Rights, cross-border enforcement, Family Law, guardianship, Hague Convention, international travel, just and equitable relief, Mirror Orders, overseas travel, parental acrimony, parental consent, Parental Responsibilities, passport applications, section 172, section 18, Section 28 Constitution, South African Law, travel disputes, travel documentation, unreasonable refusal, Western Cape High Court When Conditional Consent Becomes Unreasonable Refusal: Parental Rights and Overseas Travel in B.U v C.M and Others (2025/017920) [2025] ZAWCHC 342 (12 August 2025). Factual Background: A Tale of Parental Acrimony and Non-Cooperation The case of B.U v C.M and Others presents a deeply troubling portrait of how parental discord can prejudice a child's… READ MORE
02/07/2025 Bertus Preller Abuse of Process, Adversarial Legal System, Costs, Divorce, Family Law Court System South Africa, Procedural Law, Procedure, Punitive Cost Orders, Rule 30A, Uniform Form Rules of Court Afrocentrics case, attorney costs orders, Bloem case, civil procedure, condonation applications, court deadlines, court rules compliance, de bonis propriis costs, Family Court, family law proceedings, Helen Suzman Foundation case, High Court Johannesburg, late filing affidavits, legal practitioner conduct, litigation management, motion proceedings, Multi-Links case, Parental Responsibilities, Procedural irregularities, procedural non-compliance, professional conduct, Rule 27, Rule 28, Rule 30A, Rule 6, South African Law, supplementary affidavits, Uniform Rules of Court When Procedure Trumps Substance: Dissecting Rule 30A Non-Compliance in N.S v A.D (2022/257) [2025] ZAGPJHC 632 (20 June 2025). Factual Background: A Tale of Procedural Non-Compliance in Family Law Proceedings The factual matrix in N.S v A.D presents a striking illustration of how procedural non-compliance can derail even the… READ MORE
11/05/2025 Bertus Preller Accrual Calculation, Appeal, Commencement Values, Costs, Division of Estate, Divorce, Financial Disclosure, Procedure accrual claim, accrual system, Antenuptial Contract, binding agreement, commencement values, conclusive proof, contractual terms, declaration of value, divorce proceedings, divorce settlement, estate calculation, Estate Valuation, financial disclosure, inflation adjustment, legal precedent, marriage contracts, Marriage Dissolution, matrimonial agreements, matrimonial property, Matrimonial Property Act, out of community of property, prima facie proof, property declaration, section 6(3), South African divorce law, South African Law, statutory interpretation, Supreme Court of Appeal, wealth division D.C.M v C.C.M (1235/22) [2025] ZASCA 55 (9 May 2025). Understanding the Recent Supreme Court of Appeal Ruling on Antenuptial Contracts On 9 May 2025, the Supreme Court of Appeal (SCA) delivered a landmark judgment in Manelis v Manelis (Case… READ MORE
17/03/2025 Bertus Preller Best Interests of the Child, Children, Conduct of Childcare Experts, Costs, Guardianship, Relocation 2025 ZAKZPHC 26, best interests of the child, Child Relocation, Children’s Act 38 of 2005, consent order rejection, Contact rights, court discretion, custody dispute, D.R.R v S.D.R, expert evidence, F v F, Family Advocate, Family Law, High Court South Africa, Johannesburg vs Pietermaritzburg, KwaZulu-Natal Division, legal precedent, Mossop J, parental alienation, Parental Rights, primary care, psychological reports, sibling separation, sibling unity, South African Law, Terblanche v Terblanche, upper guardian, Van der Linde case, ZDE v CE Divided No More: Sibling Unity Triumphs in D.R.R v S.D.R and Another (8947/2022P) [2025] ZAKZPHC 26 (13 March 2025). Background of the Family Dispute In the matter of D.R.R v S.D.R and Another (8947/2022P) ZAKZPHC 26 (13 March 2025), heard in the High Court of South Africa, KwaZulu-Natal Division,… READ MORE
01/03/2025 Bertus Preller Best Interests of the Child, Children, Guardianship, Maintenance, Maintenance Court, Parental Rights, Procedure best interests of the child, Case Law, child support, children's rights, Children’s Court, children's act, common law, Constitutional Court, Constitutional Rights, duty of support, Family Law, forum non conveniens, forum shopping, Judicial Discretion, jurisdiction, legal nullity, Maintenance Act, maintenance court, maintenance obligations, Mediation, parental authority, Parental Duties, parental responsibility, right to support, South African Law, statutory interpretation, UNCRC, unmarried fathers FCP v STC: Western Cape High Court Rules Parental Maintenance Duty Cannot Be Terminated (A 46/2024; 29 January 2025). The Constitutional Right to Child Maintenance Cannot Be Terminated: Understanding the Landmark Judgment In the groundbreaking case of FCP v STC and Another (A 46/2024; 1762021/000227) ZAWCHC 68 (29 January… READ MORE
08/02/2025 Bertus Preller Customary Marriages, Divorce African customary marriage law, bride transfer ritual, court ruling on customary marriage, cultural practices in marriage law, customary law and modernity, customary law evolution, customary marriage, customary marriage court cases, customary marriage requirements, evolving marriage customs, family law in South Africa, high court ruling on lobola, legal analysis of customary unions, legal precedents in customary marriages, legal recognition of lobola, legal validity of customary marriage, living customary law, lobola letter authenticity, lobola negotiations, lobola payment, marital disputes in South Africa, marriage law and culture, N.V.M v D.S.R, Recognition of Customary Marriages Act, ROCMA section 3, South African customary law reform, South African Law, Supreme Court judgments on customary law, Supreme Court of Appeal, ZANCHC ruling Court Affirms Validity of Customary Marriage Despite Disputed Lobola – N.V.M v D.S.R (1327/2024) [2025] ZANCHC 9 (7 February 2025). The Disputed Customary Marriage: A Clash of Traditions and Testimonies In N.V.M v D.S.R (1327/2024) ZANCHC 9 (7 February 2025), the Northern Cape Division of the High Court was tasked… READ MORE
30/01/2025 Bertus Preller Costs, Divorce, Financial Disclosure, Procedural Law, Section 7 Matrimonial Properties Act accrual system, acting justice friedman, asset declaration, Asset Disclosure, beneficial ownership, catch-me-if-you-can principle, company assets, constitutional powers, corporate structures, disclosure obligations, divorce litigation, divorce procedure, divorce proceedings, divorce tactics, financial disclosure, financial transparency, Gauteng High Court, High Court Judgment, interlocutory applications, Judicial Discretion, legal precedent, matrimonial law, matrimonial property, Matrimonial Property Act, Practice Directive, Rule 33(4), Rule 43, section 7 notice, separation application, South African Law, Trust assets Playing Hide and Seek with Assets? High Court Says ‘Game Over!’ – D.M v D.M (2021 043212) [2025] ZAGPJHC 31 (28 January 2025). The Novel Question: When Must a Spouse Comply with a Section 7 Notice? When it comes to financial disclosure in divorce proceedings, some spouses treat their assets like a magician's… READ MORE
23/01/2025 Bertus Preller Best Interests of the Child, Children, Parental Rights, Same Sex Couples best interests of child, blended families, child welfare, children's rights, children's act, Civil Union Act, Constitutional Rights, contact arrangements, Contact rights, court appointed experts, custody arrangements, drug assessment, educational evidence, expert evidence, Family Advocate, Family Court, Family Law, family relationships, joint custody, joint expert minute, Judicial Discretion, legal precedent, Parental Rights, psychiatric evaluation, Same-Sex Marriage, South African Law, surrogacy, teacher testimony, upper guardian, Western Cape High Court Best Interests of Children Triumph Over Expert Recommendations: D.R v N.M and Another (3358/24) [2025] ZAWCHC 12 (23 January 2025). Introduction: A Modern Family's Legal Journey in the Western Cape High Court In a landmark judgment delivered electronically on 23 January 2025, the Western Cape High Court grappled with complex… READ MORE
09/01/2025 Bertus Preller Artificial Intelligence access to justice AI, AI court resources, AI hallucination loop, AI in legal practice, AI legal accuracy, AI legal ethics, AI legal hallucinations, AI risks in law, AI-generated case law, case law verification, ChatGPT legal errors, digital divide in legal tech, digital legal tools, domain-specific AI, ethical AI use, ethical duties lawyers, fake legal citations, law and AI integration, legal AI challenges, legal AI South Africa, legal AI tools, legal credibility risks, legal tech innovations, Mavundla case, phantom citations, South African case law, South African Law, verified legal datasets AI on Trial: The Mavundla Case and the Curious Case of Phantom Citations. The Dangerous Allure of AI-Generated Legal Citations: Understanding the Mavundla Case - Or How Not to Let ChatGPT Play Judge The recent judgment in Mavundla v MEC Department of Co-Operative… READ MORE