SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL DIVISION, PIETERMARTIZBURG
CASE NUMBER: 13184/2024P
In the matter between:
N[…] G[…] N[…] APPLICANT
And
B[…] T[…] N[…] RESPONDENT
JUDGMENT (RULE 43(6) APPLICATION)
P C BEZUIDENHOUT J:
[1] Applicant has brought an application in terms of Rule 43(6) for a reduction in
the maintenance payable by him to his wife and children. It is submitted by him that
he is unable to pay such an amount.
[2] It was submitted on behalf of Respondent that procedurally Applicant is not in
a position to bring this application as when the original Rule 43 was brought he did
not file any opposing affidavit and it was then granted in default and he cannot now
challenge that. However there is also a second leg which Applicant relies upon and
that is that his income has reduced drastically due to the fact that he was retrenched
from the position which he occupied when the Rule 43 was originally heard. He is
re-employed but at a lower salary. In terms of Rule 43(6) such an application can be
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brought in the event of a material change occurring in the circumstances of either
party. In my view the change in income is indeed a change in the circumstances.
[3] In the original application in terms of the order granted Applicant has to pay
the following:
(a) Maintenance for the two minor children in the sum of R15 545,67 together
with their school fees.
(b) Maintenance for Respondent in the sum of R12 189.00 per month.
(c) Retain the minor children on a medical aid.
(d) Pay the utilities , lights, water, rates etc. for the property where his wife and
children are residing.
(e) Pay the bond in respect of the property.
[4] There is no definite amount that I can find in respect of the bond except that
Respondent indicated that rates and bond payments is R18 897.00 per
month. The utilities are R7 400.00 per month. If this is deducted it leaves an
amount of R11 497.00 for the bond.
[5] The school fees are R4 608.00 and R3 865.00 per month thus R8 474 per
month. Utilities are R7 400 per month and medical aid R7 422.00 per month.
[6] The total payable in terms of the Rule 43 order is thus:
- Maintenance for minor children R15 545.67.
- Maintenance for spouse R12 189.00.
- Utilities R7 400.00.
- Medical Aid R7 411.00.
- School fees R8 474.00.
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- Bond R11 000.00.
- This amounts to R62 030.00 per month.
[7] At the time of the Rule 43 application the payslips indicate that after the
medical aid and retirement payments had been deducted and his net income was
plus minus R40 000.00 per month. It was alleged at that stage that he was receiving
bonuses at certain times which increased his average salary to R61 000.00 per
month and accordingly his income was that amount. Even considering that amount it
is apparent from what I have set out above that the total which was required by him
to pay exceeded that amount.
[8] It is common cause that he was retrenched from that employment and that at
his new employment he receives a net salary of R47 852.00 per month. This does
not account for the medical aid and retirement payments as in the previous salary. If
those two amounts are to be deducted it leaves him with a net salary of R28 652.00
per month.
[9] It is therefore clear from an analysis of the salary of Applicant and the
expenses which he is to pay in terms of the Rule 43 order that his salary is totally
inadequate to provide therefore and that he is not able with his present salary to pay
such amounts. It would appear his pension benefit has also been attached.
[10] It is in my view clear that Applicant has established from the documentation
and what has been set out above that he is indeed unable to pay the amounts
especially in light of his changed circumstances and that accordingly there is a need
for a reduction in the monthly payments which he is making. The present monthly
maintenance to be paid in respect of the children and his wife together with the
school fees, medical aid and utilities excluding the bond amount to R51 029.67 per
month. That by itself exceeds the salary which he receives.
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[11] His present salary after deduction of only income tax is R47 852.71 per
month.
[12] It is indeed so that Applicant must maintain his minor children and his wife but
it must also be considered that the parties have to amend their standard of living as
two households now have to be maintained. It is also apparent that Respondent is
not employed and her reason given therefore is that she has to look after the two
minor children. She should make a concerted effort to find employment as the two
minor children are both at school.
[13] There is no indication on the papers nor any allegation by Respondent that
Applicant receives any bonus where he is presently employed. If one reduces the
maintenance for the two minor children to the sum of R 6 000.00 per month and
Respondent to R4 000.00 per month it would reduce the total of the monthly
maintenance payments he has to pay as set out in paragraph 6 above together with
the school fees medical aid and utilities to approximately R44 296.00. He receives
R47 852.71 per month. This would leave him with an amount of R 3 556.71 per
month for himself.
[14] I have only been requested to consider a variation of the amounts in
paragraphs 4 and 5 of the order which are the maintenance amounts. To do this is
however necessary to consider the total amount payable and his income.
[15] Accordingly the following order is made.
Pendite lite it is ordered that:
1. Paragraph 4 of the order dated 24 O ctober 2024 is varied by the deletion of
the sum of R15 545.67 and replaced with the sum of R6 000.00 per month.
2. Paragraph 5 of the order dated 24 O ctober 2024 is va ried by the deletion of
the sum of R12, 189 and is replaced with the sum of R4 000.00 per month.
3. The costs of the application are reserved for determination by the trial court.
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______________________
P C BEZUIDENHOUT J.
JUDGMENT RESERVED ON: 5 FEBRUARY 2026
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JUDGMENT HANDED DOWN ON: 12 FEBRUARY 2026
COUNSEL FOR APPLICANT: D BOND
Instructed by: Mooney Ford Attorneys
Umhlanga
Tel: 031 304 9881
Email: sarah@mfp.co.za
dylan@mfp.co.za
Ref: PM/N6322
c/o: Viv Greene Attorneys
Pietermaritzburg
COUNSEL FOR RESPONDENT: MHLABA
Instructed by: Mhlaba and Associates
Pinetown
Ref: 73/102/BELLA
Email: mhleli@mhlabalegal.co.za
Tel: 087 265 2906/ 031 566 3426
Cell: 073 971 7482
c/o: N Nhlapho Attorneys