1
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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 2025-095199
Ip the matter between:
1. Repoytable~ No
2. Of iy eregt to otherJudges — No
\ | 3. Ropped No
Lum cnl na 2025
S.A.H. Applicant
and
S.B.H. Respondent
JUDGMENT
PRETORIUS AJ
2
Introduction and Relevant Factual Matrix
[1] | The minor child who is at the heart of this matter is an 11 year old girl, born on
25 March 2014, being the youngest child born from the former marriage between
the Applicant, her father and the Respondent, her mother.!
[2] The parties were divorced from one another by Order of this Court on 17 March
2023, with the decree of divorce incorporating the terms of a Settlement
Agreement entered into between the parties (collectively “the divorce order’). \n
terms of the divorce order, primary residence and care of ZH was awarded to
the Respondent, subject to the the Applicant’s right of reasonable contact to
ZH, as provided for in the divorce order. Both parties have subsequently
remarried.?
[3] Approximately a year post their divorce, a dispute arose between the parties
stemming from the Respondent's intended relocation with ZH, initially to Dubai,
and then to Durban, and resulting in the Applicant launching proceedings in the
Children’s Court, Randburg, on 31 May 2024, and the Respondent instituting a
counter-application thereto in and during June 2024.2 The Respondent
unilaterally removed ZH from Gauteng to Durban on 06 September 2024, which
gave rise to the litigation spilling over into this Court, and when the the Applicant
launched an urgent Application for, inter alia, ZH’s return. An Order was
granted on 26 September 2024 for ZH’s return to Gauteng within 48 (forty-eight)
hours of the granting of said Order.*
[4] Since then, the parties have continued to be embroiled in litigation pertaining to
ZH in the Children’s Court, Randburg and in this Court, and which litigation has
included, inter alia, urgent applications, an application for leave to appeal, an
application in terms of Section 18(3) of the Superior Courts Act, 10 of 2013 for
the immediate enforcement of an Order of this Court granted on 08 April 2025
' Founding Affidavit: paras 5 and 6, CaseLines 001-15
2 Founding Affidavit: paras 15 and 22.1, CaseLines 001-18 and 001-20, read together with annexure
“FA6” thereto, being the Report of the Family Advocate, par 11.4, CaseLines 001-136
3 Founding Affidavit: paras 15 to 19, CaseLines 001-18 to 001-19
4 Founding Affidavit: paras 20, 23 and 24, CaseLines 001-19 to 001-21, read together with Annexure
“FA4” thereto, being the Order of Marcandonatos AJ, CaseLines 001-97 to 001-124
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irrespective of the outcome of the application for leave to appeal, a counter-
application thereto for the recission of the 08 April 2025 Order, and an
application in terms of Section 18(4) of the Superior Courts Act, 10 of 2013 to
the Full Bench of this Division.§
[5] | The current matter is yet another in the sequence of the on-going litigation
between the parties in relation to ZH. Having said that, it is beyond the purview
of the matter before me and of this judgment, to traverse all of the nooks and
crannies of the litigation preceding this matter. Accordingly, | will focus on the
facts insofar as they are relevant and pertinent to the issues to be determined
in the matter before me.
[6] From the papers before me, it appears that the Respondent returned to Durban
with ZH on the evening of 29 April 2025, being the same day when:-
6.1. the Applicant was granted leave to appeal the judgment which had been
granted on 08 April 2025 by van der Merwe AJ;®
6.2. the Respondent was granted relief in terms of her application in terms of
Section 18(3) of the Superior Courts Act, permitting her to relocate to
Durban with ZH, pending the outcome of the appeal;’”
6.3. the Respondent had earlier that morning given birth to her fourth child at
the Sunninghill Hospital in Sandton;®
6.4. the Respondent apparently discharged herself and her new born baby
from hospital on the evening of 29 April 2025 at around 21h00 and drove
to Durban by car with her husband (“Mr F.A.”), ZH, and the newborn
baby.
5 Founding Affidavit: paras 25 to 48, CaseLines 001-21 to 001-26
® Founding Affidavit: paras 27, 39 and 41, CaseLines 001-22, 001-24 and 001-25
? Founding Affidavit: par 39.2, CaseLines 001-24
§ Founding Affidavit: par 41, CaseLines 001-25
® Founding Affidavit: par 42, CaseLines 001-25