Menge v Mebge (4233/2017) [2018] ZAFSHC 31 (29 March 2018)

70 Reportability

Brief Summary

Family Law — Interim relief — Rule 43 application — Applicant sought interim relief but failed to demonstrate materially changed circumstances since previous order — Application dismissed — Postponement request also denied — Court urged Family Advocate to expedite report for future proceedings.

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[2018] ZAFSHC 31
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Menge v Mebge (4233/2017) [2018] ZAFSHC 31 (29 March 2018)

IN
THE HIGH COURT OF SOUTH AFRICA,
FREE
STATE DIVISION, BLOEMFONTEIN
Reportable:

YES/NO
Of
Interest to other Judges:   YES/NO
Circulate
to Magistrates:        YES/NO
Case
number:       4233/2017
In
the matter between:
DEON
PAUL
MENGE
Applicant
and
EWERTINA
JOHANNA
MENGE
Respondent
HEARD
ON:
22
MARCH 2018
JUDGMENT
BY:
BENADE, AJ
DELIVERED
ON:
29
MARCH 2018
ORDER
RULE 43(6)
[1]
Having perused the papers and hearing argument by counsel for the
parties the following
orders are issued:
1.
The
application is dismissed for lack of materially changed
circumstances, properly so, as contemplated in Rule 43(6).
2.
The
application from the bar for postponement to 19 April 2018 is also
dismissed.
3.
The
parties are still free to approach the court when the Family Advocate
report becomes available, as implicitly envisaged in paragraph
3 of
the 14 September 2017 Rule 43 order.
3.1
The
family advocate is urged to expedite the aforementioned report which
was due on 20 October 2017.  The applicant is requested
to make
this order and the application papers available to the Family
Advocate.
4.
Each
party to carry its own costs (as a mark of disapproval and
considerable disquiet on the side of the court regarding the conduct

of the parties and the position in which they place the son Paul,
which led to this application).
BY
ORDER
_____________
REGISTRAR