In a recent judgment, the Western Cape High Court laid down the law in an ongoing and acrimonious divorce battle by declaring an ex-husband a ‘vexatious litigant’ and interdicting him from instituting further proceedings.
In this case, the applicant sought to halt the sale in execution of a luxury property held in the name of a trust, pending his application to rescind a divorce order granted in August 2020. That order awarded his former spouse R16.8 million as part of an accrual claim, along with maintenance and costs. Critically, the court held that the trust’s separation from the applicant was illusory, finding that it operated as his alter ego. Indeed, using a trust to conceal assets in anticipation of divorce is a common occurrence, as explored in a recent episode of Legally Speaking. Accordingly, the trust’s assets were deemed to be the applicant’s personal assets. As a result, the property was later declared executable to satisfy more than R11 million in outstanding amounts owed to the respondent.
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Despite this, the applicant refused to comply and persisted with launching further litigation. He pursued multiple failed appeals, including to the Supreme Court of Appeal and Constitutional Court. Further, he repeatedly filed applications in the Maintenance Court, lodged numerous – unsuccessful – complaints with the Legal Practice Council, Cape Bar Council, and the Judicial Services Commission, and threatened damages claims exceeding R200 million for alleged reputational harm and mental anguish.
In the current matter, the respondent opposed the stay and launched a counter-application to declare the applicant a vexatious litigant based on years of unrelenting and meritless litigation.
In view of his history of protracted litigation, the court found that the applicant was abusing legal processes to avoid the enforcement of final court orders. His conduct, which ranged from making baseless fraud allegations to harassing former legal representatives, was deemed vexatious. Labelling the applicant’s conduct as ‘lawfare’, the court criticised his application as a thinly veiled attempt to force a rehearing of the divorce proceedings [in hopes of] a different outcome.’ The court accordingly underscored the importance of the principle of finality in litigation, which prohibits individuals from harassing others with repeated attempts to litigate settled matters.
Ultimately, the court dismissed the application for interim relief and accepted the counter-application. It granted an interdict against further litigation, awarded the respondent costs on an attorney-and-own-client scale, and directed that the applicant furnish security for costs.
The case highlights the pejorative consequences of persistent and thoughtless litigation and is thus a cautionary tale for couples anticipating protracted divorce proceedings. At STBB, our experienced divorce attorneys have the knowledge, foresight, and skill to navigate even the most acrimonious of divorces as calmly and expeditiously as possible.
Thinking of moving ahead with divorce? For legal guidance you can trust, contact our divorce attorneys at familylaw@stbb.co.za.
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