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High Court of South Africa Western Cape, Cape Town

Currently serving on the bench:

Judge President N P Mabindla-Boqwana	Deputy Judge President P L Goliath	Judge N C Erasmus	Judge R Allie	Judge T C Ndita
Judge A Le Grange	Judge V C Saldanha	Judge C M J Fortuin	Judge M I Samela	Judge R C A Henney
Judge M J Dolamo	Judge J I Cloete	Judge B P Mantame	Judge K M Savage	Judge G Salie Da Silva
Judge L Nuku	Judge E D Wille	Judge T Papier	Judge M K Parker	Judge M Sher
Judge S Kusevitsky	Judge H M Slingers	Judge M Francis	Judge N Mangcu-Lockwood	Judge J D Lekhuleni
Judge D M Thulare	Judge C N Nziweni	Judge M Holderness	Judge M Pangarker	Judge N E Ralarala

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Physical: 35 Keerom Street, Cape Town, 8000 Post: Private Bag X 9020, Cape Town, 8001

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https://www.judiciary.org.za/index.php/courts/high-courts/western-cape-division-of-the-high-court/contact-details

1 judgment

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1 judgment

Citation	Judgment date
June 2025
R H K v D L F (22313/2024; 587/2023) [2025] ZAWCHC 166 (19 June 2025) Respondent held in contempt for wilful non‑compliance with a Rule 43(6) order; fresh variation application dismissed for unclean hands. Family law – Rule 43(6) – strict interpretation – requires material change subsequent to original order; not a rehearing or appeal. Contempt of court – wilful and mala fide disobedience of a Rule 43(6) order – evidentiary burden shifts to respondent to show bona fide inability or reasonable doubt. Clean hands principle – non-disclosure, dissipation of funds and obstruction of forensic inquiry disentitle applicant to relief. Forensic investigation – duty to provide outstanding documents and cooperate with court-ordered expert. Costs – attorney-and-client costs awarded for successful contempt application where appropriate conduct shown.	19 June 2025

Citation

Judgment date

June 2025

R H K v D L F (22313/2024; 587/2023) [2025] ZAWCHC 166 (19 June 2025)

Respondent held in contempt for wilful non‑compliance with a Rule 43(6) order; fresh variation application dismissed for unclean hands.

Family law – Rule 43(6) – strict interpretation – requires material change subsequent to original order; not a rehearing or appeal. Contempt of court – wilful and mala fide disobedience of a Rule 43(6) order – evidentiary burden shifts to respondent to show bona fide inability or reasonable doubt. Clean hands principle – non-disclosure, dissipation of funds and obstruction of forensic inquiry disentitle applicant to relief. Forensic investigation – duty to provide outstanding documents and cooperate with court-ordered expert. Costs – attorney-and-client costs awarded for successful contempt application where appropriate conduct shown.

19 June 2025