Matrimonial law

A husband repeatedly in contempt on his obligation on Rule 43 Order

SFS v AJS (GJ) (unreported case no 11676/2018, 11-10-2023) (Nkutha-Nkontwana J)  The Gauteng Local Division of the High Court authorised and issued a warrant of arrest of the respondent in […]

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Court withdraws a previous order after application proves the court was misled

Rasakanya v Mbuyane and Another (MM) (unreported case no 2702/2021, 8-8-2023) (Mashile J) The High Court in Rasakanya looked at an application that was aimed at rescinding the order of […]

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The ‘any court’ conundrum – revisiting s 16(2) of the Maintenance Act

Section 16(2) of the Maintenance Act 99 of 1998 provides that ‘any court’ – including a children’s court – can issue a maintenance order. South African courts, like the divorce […]

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Dual marriages: A guide to antenuptial contracts

By Siyabonga Sibisi Due to the past non-recognition of customary marriages, South Africans resorted to the practice of entering into both a civil and a customary marriage. This is referred […]

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Unmarried cohabitants: The court’s missed opportunity to adopt an inclusive approach to the term ‘spouse’

There are many varied spousal relationships. Individuals in spousal relationships – whether they are married or not – structure their relationships differently. ‘In some relationships there is a complete blending […]

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The modern customary  marriage – can the  handing over of a  bride be waived?

Customary law has – for decades – dealt with the standards in communities and each community has practiced these long established customs in each area. With the dawn of the […]

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Failure to recognise equal status between customary and civil marriages

Before South Africa (SA) became a democratic country and during the Apartheid era, marriages of indigenous African people were concluded in accordance with indigenous African customs, and were not recognised […]

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Marriage officers cannot refuse to marry same sex couples

 By Kgomotso Ramotsho Officials from the Department of Home Affairs are no longer allowed to refuse to marry same sex couples. This was after President Cyril Ramaphosa signed the Civil […]

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Customary marriages: The woman’s right to maintenance and property ownership

The focus on gender equality, in particular the rights of women in South African society, has come under the spotlight to the extent that amendments to current legislation is being […]

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Analysis of the Women’s Legal Centre Trust case

Women’s Legal Centre Trust v President of the Republic of South Africa and Others 2018 (6) SA 598 (WCC) The Western Cape Division of the High Court in Cape Town […]

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