When couples divorce, it can take months (sometimes years) before proceedings are finalised. To protect vulnerable spouses and children during this time, courts may grant Rule 43 interim orders. These typically cover:

• Maintenance for a spouse and children,

• Interim custody arrangements, and

• Other temporary measures until the divorce is settled.

Sometimes, the spouse who has to pay maintenance or loses custody tries to appeal the interim order. But a recent Constitutional Court ruling has confirmed that Rule 43 orders may not be appealed.

The Case in Brief

• The parties, referred to as Mr and Mrs S, married in 2008 and had three children.

• During their divorce, Mr S applied for interim custody and offered to pay R12,000 in maintenance.

• Mrs S opposed and asked for R60,353. Despite filing late, the court ordered Mr S to pay R40,000 per month and awarded him custody.

• Mr S appealed, arguing the amount was unfair.

• The courts dismissed his appeal, citing the Superior Courts Act, which bars appeals against Rule 43 orders.

• The matter went to the Constitutional Court, which confirmed that appeals are not allowed — though litigants can apply to vary an order if there’s a material change in circumstances (e.g. a spouse gains employment).

Why Appeals Are Not Allowed

The Court reasoned that:

• Appeals delay maintenance payments, leaving spouses and children without support.

• Rule 43’s purpose is to provide a “speedy and inexpensive remedy”, mainly for women and children.

• Interim orders can still be varied if circumstances change, preventing injustice.

What This Means for Divorce Litigants

• No appeals: If you’re unhappy with a Rule 43 order, you cannot appeal it.

• Variation is possible: You can apply to court to vary the order if material circumstances change.

• Future challenges: The Court hinted that Rule 43 may need reform, leaving the door open for future constitutional challenges.

How KKA Attorneys Can Help

At KKA Attorneys, we guide clients through divorce, maintenance, and custody disputes. Our team can:

• Apply for or oppose Rule 43 interim orders,

• Assist with variation applications, and

• Protect your rights throughout divorce proceedings.

💻 Book your free online consultation today to get expert advice on your divorce and family law matters.