CD & MD v Department of Social Development (5570/2020) WCHC (14 April 2020)
Wednesday, 29 April 2020
BACKGROUND The Applicants are the biological parents of two minor children (“the children”) who, by virtue of their divorce, are co-holders of parental responsibilities and rights in terms of the Children’s Act 38 of 2005 (“the Children’s Act”). Due to the outbreak of Covid-19, or the Corona virus, the South African Government declared a nationwide
- Published in 2020, Family Law
No Comments
McNair v Crossman and Another (A5023/18) [2019] ZAGPJHC 298; 2020 (1) SA 192 (GJ) (5 September 2019).
Monday, 30 March 2020
BACKGROUND The Appellant in this case is Gillian McNair, the former wife of the late Steven McNair (the “Deceased”). The Deceased, prior to his death, registered the McNair Family Trust (the “Trust”) nominating his wife and children as beneficiaries of the Trust. While the Deceased was alive, the trustees were the Deceased, the Appellant and
- Published in 2019, Family Law
A S and Another v G S and Another (D12515/2018) [2020] ZAKZDHC 1 (24 January 2020)
Tuesday, 10 March 2020
BACKGROUND In this matter, a 72 (Seventy Two) year old housewife (“main Applicant”) instituted proceedings against her husband (“main Respondent”) on the basis of public interest to obtain a declaratory order to have sections 21(1) and 21(2)(a) of the Matrimonial Property Act 88 of 1984 (“MPA”) be declared unconstitutional and that all marriages concluded in
- Published in 2020, Family Law
Lenferna v Lenferna (120/13) (2013) SCA 204 (2 December 2013)
Wednesday, 12 February 2020
BACKGROUND Marie and Phillippe Lenferna married each other in June 1983 in Mauritius. They moved to South Africa a month later and continued to live here until their divorce in November 2011. Marie commenced divorce proceedings in 2006, stating that the marriage relationship between her and Phillippe had irretrievably broken down. Marie contended that the
- Published in 2020, Family Law
N H MAXTED v H M MAXTED (62488/2015)
Tuesday, 29 October 2019
BACKGROUND AND SUMMARY This matter is an appeal against the order granted by Opperman AJ in the North Gauteng High Court, on 30 November 2016, in terms of which a decree of divorce was granted, and an order made, concerning the proprietary claims of the respondent. The aforesaid order held that the commencement value of
- Published in 2019, Family Law
Fischer v Ubomi Ushishi Trading CC and Others 2019 (2) SA 117 (SCA).
Monday, 19 August 2019
BACKGROUND AND SUMMARY This matter considered whether a real right to a half-share in immovable property vests in a spouse, immediately after the dissolution of a marriage. More specifically, the court was tasked with determining whether the real right to the half-share in the immovable property vested in terms of a court order, incorporating a
- Published in 2019, Family Law, News, Property Law
E v E 12583/2017; R v R 20739/2018; and M v M 5954/2018.
Tuesday, 09 July 2019
BACKGROUND AND SUMMARY All three of the above matters were referred to the full bench of the High Court, Gauteng Local Division. Until this judgment, parties have been limited to the type of and amount of information they may provide to the Court, consequently, matters are often dispensed with in Court due to the prolixity
- Published in 2019, Family Law, News
H S v J S (1025/2016) [2019] ZAFSHC 2 (7 March 2019)
Tuesday, 26 March 2019
SUMMARY On or about 22 December 2016, the Honourable Justice Daffue J granted a decree of divorce in the unopposed motion court which included a deed of settlement pertaining to the care and residency of the two minor children born from the marriage which existed between the Applicant and Respondent. At the time, the parties
- Published in Family Law, children, News, primary care
Centre for Child Law and Others v Media 24 Limited and Others 2018 (2) SACR 696 (SCA)
Tuesday, 11 December 2018
SUMMARY This matter concerned a minor who was abducted from hospital as an infant and subsequently ‘found’ when she was 17 years old. Accordingly, she required her anonymity to be protected beyond the point of her being a minor and into her adulthood, given the fact that the ensuing criminal trial that took place had
- Published in News, 2018, Criminal Law, Family Law
De Sousa v Technology Corporate Management (Pty) Ltd and Others; De Sousa v De Sousa and Another (40036/16; 35926/16) [2018] ZAGPJHC 445 (23 February 2018)
Tuesday, 27 November 2018
BACKGROUND Luis Vaz De Sousa (“Luis”) and Sharon Vaz De Sousa (“Sharon”) were married in community of property. Luis was the registered shareholder of 30% of the shares in Technology Corporate Management (Pty) Ltd (“TCM”). In 2015, Luis and Sharon divorced and an order of divorce was granted but the court had not divided the
- Published in News, 2018, Family Law
