Kobus Herbst, Kenneth Williams Tempitope v The Presiding Office of the Children’s Court, Johannesburg (A3025/2018) [2018] (12 November 2018)

SUMMARY This is an appeal in respect of the decision by the Children’s Court of Johannesburg in which the Appellants’ adoption application for a minor child (“M”) was dismissed. The Appellants are a same sex couple with the second appellant being a Nigerian citizen. M was placed in the care of the Appellants in terms
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Joubert v Joubert (not yet reported)

SUMMARY On 15 May 2015, a Rule 43 order in terms of the Uniform Rules of Court was granted dealing with the respondent’s maintenance obligations towards the applicant. On 29 May 2015, the respondent made the first payment and continued to do so until 28 March 2018. The matter, in respect of hearing of the
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Legal Distinction Between Private Schools and Public Schools: Consequences of Non-payment of School Fees

Introduction This article examines the legal relationship between parents of private school learners (“Private School Parents”) and private schools as juristic persons, while focusing specifically on the legal consequences faced by parents who default on their school fee payments. Private School Parents often mistakenly believe that the legal protection they receive is similar to that
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SJ v SE (not yet reported)

SUMMARY In casu, the Respondent sought, inter alia, an order declaring that Rule 43 of the Uniform Rules of Court does not apply to Islamic marriages and in circumstances where a Talaq has been issued.   The parties were married to each other under Islamic Law and 2 (two) children were born of the marriage.
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ST v CT (1224/16) [2018] ZASCA 73; [2018] 3 All SA 408 (SCA) (30 May 2018)

BACKGROUND In this bitterly contested divorce which was between an experienced silk Advocate (“Mr ST” “the Appellant”) and a German Lawyer (“Mrs CT” “the Respondent”) the primary disputes concerned in this matter were, inter alia: –        a prenuptial waiver of spousal maintenance as contained in an ante-nuptial contract between the parties; –        the full and
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Powell v Powell (52917/07) [2008] ZAGPHC 44 (15 February 2008)

SUMMARY In this case, the Applicant and the Respondent were married and divorced and then remarried and are again divorcing. The Applicant therefore brought the Rule 43 Application in order to determine the parental responsibilities and rights of the couple’s two minor children as well as her maintenance and that of the two minor children.
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Moosa and Others v Minister of Justice and Correctional Services and Others [2018] ZACC 19 (29 June 2018)

SUMMARY On 14 September 2017, the High Court of South Africa, Western Cape Division, delivered a judgment in which it declared section 2C(1) of the Wills Act 7 of 1953 (hereinafter “the Wills Act”) constitutionally invalid due to its failure to recognise the rights of a spouse married by Muslim rites in a polygamous marriage
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SCA ruling: Single parents can now apply for school fee exemption without their partners’ consent.

Introduction In light of the recent decision handed down by the Supreme Court of Appeal (“SCA”), Head of Department Western Cape Education Department and Others v Saffer (1209/2016) [2017] ZASCA 187 (13 December 2017), single parents who are divorced or separated no longer require their former partners’ consent in order to apply for a fee
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Antenuptial Contracts – Yes or No?

When it comes to Antenuptial Contracts (“ANC’s”) in South Africa, I am of the firm view that this document may be the most important document that you will sign in your life, besides your last Will and Testament. In my practice, the most frequently asked question is  “What is an ANC and what are the
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How do I Claim Maintenance?

In South Africa is it required that both parents of a child/ren are obligated to maintain them according to their needs. Parents must attend to all the child/ren’s reasonable needs, which include, but are not limited to: housing, education, clothing, medical care etc. What will determine the child/ren’s reasonable needs will be the standard of
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