Streaming issues? Report here
CapeTalk logo 2017 1500 x 1500 CapeTalk logo 2017 1500 x 1500
Weekend Early
03:00 - 06:00
volume_up
volume_mute

Up Next: Weekend Breakfast with Sara-Jayne King
See full line-up
Weekend Early
03:00 - 06:00
Home
arrow_forward
Politics

ConCourt Rule 43 maintenance ruling: Still not appealable, but with exceptions

28 June 2019 9:16 AM
Tags:
Constitutional Court
Divorce
Rule 43

Specialist attorney Juan Smuts explains what the ruling means for couples busy with divorce proceedings.

The Constitutional Court handed down a judgment on Thursday in a matter concerning maintenance being paid during contested divorce proceedings.

Abrahams and Gross divorce specialist Juan Smuts explains what the ruling means for people who are in the process of divorcing.

Read: Dealing with emotions vital part of divorce mediation, says attorney

The court found that although Rule 43 application is currently not appealable, the court agreed that Rule 16 (3) is not unconstitutional which means that Rule 43 is still not appealable.

Juan Smuts, Divorce specialist - Abrahams and Gross

However, there are exceptions if a court order is patently incorrect, there are remedies to a party, to a litigant, to take that section on appeal. But in general, Rule 43 is still not appealable.

Juan Smuts, Divorce specialist - Abrahams and Gross

What is Rule 43?

Smuts describes it as "a robust approach" where you can ask for spousal maintenance, child maintenance or interim care and contact in respect of a minor child.

This is the application which is launched pending the outcome of a divorce. It is available for a financially vulnerable individual or litigant, usually the wife, to assist her until the outcome of the divorce.

For more on this ruling, listen below:


28 June 2019 9:16 AM
Tags:
Constitutional Court
Divorce
Rule 43

More from Politics

Ready for Zuma Part 2? Duduzane Zuma sends clear message of leadership intent

5 March 2021 11:51 AM

The son of the former president appears to be continuing to indicate that he's eyeing the country's top job in 2024.

Share this:
Read More arrow_forward

Zondo Commission lawyers and investigators have not been paid for 5 months

5 March 2021 11:39 AM

'Whether the money is actually there is a major question mark,' says News24's Karyn Maughan talking to John Maytham.

Share this:
Read More arrow_forward

Govt 'admits' private sector could buy vaccines, but it's not that simple

3 March 2021 6:49 PM

Currently, vaccine manufacturers won't sell to businesses responds Profmed CEO Craig Comrie after Afriforum legal challenge.

Share this:
Read More arrow_forward

Bellville set to become second Cape Town CBD

3 March 2021 4:15 PM

UCT African Centre For Cities' Edgar Pieterse says reimagining Bellville is not something in the future. It is already happening.

Share this:
Read More arrow_forward

'Criminals believe small ports like Saldanha are easier to wiggle through'

3 March 2021 2:14 PM

Public Safety Mayco member Andre Truter at Saldanha Bay Municipality says criminals will try and find the crack in the system.

Share this:
Read More arrow_forward

Suspect arrested in Cape cop murder 'in a space of less than 72 hours'

3 March 2021 12:25 PM

Minister Cele's spokesperson Lirandzu Themba talks about the visit to families of police killed in Bloekombos.

Share this:
Read More arrow_forward

Molefe evasive, but maintains Ramaphosa integral to state capture at Eskom

2 March 2021 6:52 PM

Zondo Commission: Former Eskom CEO Brian Molefe repeated allegations about the capture of Eskom by Glencore and Ramaphosa.

Share this:
Read More arrow_forward

Removal proceedings against PP Mkhwebane can begin, finds independent panel

2 March 2021 12:46 PM

Justice Committee chair Bulelani Magwanishe says a two-thirds majority in the National Assembly is needed to pass the resolution.

Share this:
Read More arrow_forward

'He's a danger on the bench' - Kriegler after Hlophe acquits Bongo of corruption

1 March 2021 4:50 PM

Retired Constitutional Court Justice Johann Kriegler says judge John Hlope's latest court ruling shows that he is not fit to be a judge.

Share this:
Read More arrow_forward

UK nearing 'landmark' figure of 20m receiving first dose of Covid-19 vaccine

28 February 2021 3:10 PM

The ambitious vaccination plan has turned polls around in favour of PM Boris Johnson, reports UK correspondent Gavin Grey.

Share this:
Read More arrow_forward