Streaming issues? Report here
Deutsche Welle DW logo Deutsche Welle DW logo
DW Hour
00:00 - 01:00
volume_up
volume_mute

Up Next: Best of CapeTalk
See full line-up
DW Hour
00:00 - 01:00
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

factory-production-manufacturejpg

SA economy: 'Manufacturing remains an engine of growth and must be prioritised'

23 September 2020 6:53 PM

The sector is at a tipping point. Arabile Gumede interviews Philippa Rodseth from industry body, the Manufacturing Circle.

Share this:
Read More arrow_forward

191023delillejpg

'I inherited a department that already had a bad reputation' - de Lille

23 September 2020 1:14 PM

Public works Minister Patricia de Lille responds to a slew of allegations made against her by the Democratic Alliance.

Share this:
Read More arrow_forward

Tannie Evita Bezuidenhout Pieter Dirk-Uys satarist

Heritage Day: healing generations of hurt and trauma through facts and laughter

23 September 2020 12:20 PM

Refilwe Moloto chats to iconic satirist Pieter Dirk-Uys is and heritage activist Patrick Tariq Mellett about our complex heritage.

Share this:
Read More arrow_forward

Herman Mashaba

Herman Mashaba slams Wednesday march on embassies as 'bizarre, disingenuous'

23 September 2020 9:12 AM

People's Dialogue leader says 'what is the point of a progressive constitution if it is not even respected by its own government.'

Share this:
Read More arrow_forward

Corruption money bribes 123rf

More whistleblowers report corruption during pandemic, police top the list

22 September 2020 6:43 PM

Corruption Watch has released its 2020 report on corruption trends. Arabile Gumede interviews CW's Kavisha Pillay.

Share this:
Read More arrow_forward

Gavel of judge in law court legal 123rflegal 123rf

'Xolobeni judgment a victory for all mining affected communities across SA'

22 September 2020 1:02 PM

Secretary at Amadiba Crisis Committee Nonhle Mbuthuma

Share this:
Read More arrow_forward

tito-mboweni-masonja-dish-twitter-screenshotpng

[PICS] Tito Mboweni's Step-by-Step recipe on how to make Masonja

22 September 2020 11:43 AM

Our finance minister is famous for his Twitter cook-ups, heavy on the garlic, and the latest one did not fail to caue a reaction.

Share this:
Read More arrow_forward

20200916ramaphosalockdownlevel1jpg

[WATCH] President Ramaphosa is off sick and 'under the blankets' said Mthembu

22 September 2020 11:23 AM

Jackson Mthembu told the media Ramaphosa was very sick, but spokesperson Tyrone Seale later said he had a common cold.

Share this:
Read More arrow_forward

scootersjpg

SIU update on cases of Covid-19 tender corruption

22 September 2020 10:48 AM

SIU spokesperson Kaizer Kganyago on how far these investigations have moved, an an outcome on the Eastern Cape scooter tender.

Share this:
Read More arrow_forward

Camps Bay beach Cape Town 123rflocal 123rf

Camps Bay mansion occupied by queer arts collective

22 September 2020 6:58 AM

Xena Ness, a member at Queer Feminist Artivist Collective, explains why the group has occupied the Airbnb in Camps Bay.

Share this:
Read More arrow_forward