High Court of South Africa North-West, Mafikeng

The Judges currently  serving on duty at the North West High Court are:

  1. Hon. Judge President RD Hendricks
  2. Hon. Deputy Judge President Djaje
  3. Hon. Judge Petersen
  4. Hon. Judge Reid
  5. Hon. Judge Mfenyana
  6. Hon. Judge Reddy
2 judgments
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2 judgments
Citation
Judgment date
January 2023
Where both parties were blameworthy and financially equal, the court ordered each to pay their own costs after a divorce settlement.
Divorce — costs — discretionary under s10 Divorce Act — costs do not automatically follow the result; court must consider parties’ means and conduct. Settlement on morning of trial — costs disputed. Conduct — Rule 34 tenders and negotiation conduct relevant to costs. Means — no substantial disparity; both parties financially independent professionals. Maintenance obligations for adult but dependent children relevant to costs assessment.
20 January 2023
Court lacks jurisdiction over respondents for defamation; plaintiff’s Rule 28 amendment was not properly effected.
Jurisdiction – territorial competence – actor sequitur forum rei; doctrine of effectiveness; cause of action must connect to division. Defamation – publication in national newspaper not localized by where read. Uniform Rules, Rule 28 – requirements for effecting amendments; failure to file amended pages within prescribed time renders amendment irregular.
13 January 2023