A helping hand for disadvantaged divorce litigants : an analysis of the implications of MG v RG : notes

In this note, we evaluate the implications of the directives issued on two crucial questions in MG v RG 2012 (2) SA 461 (KZP) ('MG'). These questions are (i) the extent to which magistrates should insist on technically correct procedures in divorce hearings, and (ii) whether they should remain relatively passive during such hearings, as is traditionally required by the adversarial approach. We suggest that magistrates have the potential to improve divorce adjudication services significantly in the lower courts. However, further steps are required if this is to be achieved. We therefore offer some recommendations for improving divorce adjudication services in South Africa, based also on an analysis of developments in other jurisdictions - particularly in England.