Deadbeat dad's failure to pay child support leads to imprisonment
A Cape Town father - a repeat contempt of court offender - was sentenced to 240 hours of periodical imprisonment over weekends from 6pm on a Friday until 6am on a Monday until such time as the stipulated number of hours had been reached.
Image: File
A father who was errant in paying his court-ordered maintenance amounts was ordered to serve jail time if he did not cough up his arrears amount owed to the mother of his two minor children.
The mother and father, who are divorced under Sharia Law while their civil marriage still subsists, both turned to the Western Cape High Court (the father in a counter-application) but the court found in favour of the mother as the primary caregiver of the children.
The father - a repeat contempt of court offender - was sentenced to 240 hours of periodical imprisonment over weekends from 6pm on a Friday until 6am on a Monday until such time as the stipulated number of hours had been reached.
The sentence would have been suspended if he was able to pay the R16,000 maintenance arrears amount owed and if it was paid in full by on or before 5pm on 20 January 2025 and complied with the Rule 43 (divorce and maintenance) order made in the high court during May 2021.
The reasons given by acting judge Phillipa van Zyl, detailed that the father failed to pay certain expenses which included his ex-wife and children's monthly rental as well as monthly DSTV/Multichoice, Netflix, internet/Wi-Fi subscription fee, yearly TV license costs, and the ex-wife's monthly cell phone costs.
Video Player is loading.
Play Video
Play
Unmute
Current Time
0:00
/
Duration
-:-
Loaded :
0%
Stream Type LIVE
Seek to live, currently behind live
LIVE
Remaining Time
-
0:00
This is a modal window.
Beginning of dialog window. Escape will cancel and close the window.
Text Color White Black Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan
Transparency Transparent Semi-Transparent Opaque
Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps
Reset
restore all settings to the default values Done
Close Modal Dialog
End of dialog window.
Advertisement
Next
Stay
Close ✕
Ad Loading
Acting Judge Van Zyl said the parties were at loggerheads and their affidavits in these proceedings were 'brimful of invective' adding that this spilled over to litigation hearings where the aggression was palpable at the hearing.
'This is an unfortunate situation, because it bodes ill for any possibility of resolving the disputes in a civil manner. The state of affairs cannot be a happy one for the children,' said acting Judge Van Zyl.
The unpaid expenses giving rise to the contempt application consisted of two months' rental in respect of the applicants' and the minor children's residence being the rental owing for November 2024 and December 2024 in the total sum of R16,000. It also included various additional expenses payable in terms of the order for the period July to October 2024 (in the total sum of R27,129,13).
'On the day of the hearing, I was informed that the respondent had made payment of the additional expenses the previous day, albeit clearly grudgingly if regard is had to the content of his answering affidavit. The amounts owing in respect of rental remained unpaid,' noted acting Judge Van Zyl.
The man argued that the residence in which the woman lived was the deceased estate of the woman's sister - which she is to inherit but is not yet the legal owner as the rental is paid to wind up the deceased estate.
'He accused the applicant of trying to extract more money from him under the pretence of having to pay rental. He therefore refused to contribute towards this rental, despite being obliged to do so in terms of the Rule 43 order.
'The attorneys representing the estate also confirmed what the situation was…The respondent made no secret of the fact that he was dissatisfied with the terms of the Rule 43 order. From the papers it seemed that this has been the case since the grant of the order. He had faced a previous contempt application for non-payment of the Rule 43 order, in which an order was granted against him on 25 October 2024.
'The explanation for the respondent's non-compliance is not satisfactory; they merely serve to convey the impression that he is so angry at the applicant that he would take every possible opportunity of thwarting her. The respondent deliberately did not pay, seeking to justify his conduct with a strained argument,' said acting Judge Van Zyl.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
2 hours ago
- IOL News
Persecuted gay man, shunned in his homeland, granted reconsideration of asylum in SA
The court ruled that home affairs had to reconsider granting asylum status to a Chad citizen after he was persecuted in his country for being gay. Image: File A Muslim man who was imprisoned in Chad on grounds of his sexual orientation and fled to South Africa after he was released as he fears persecution, has been given a lifeline, as the Western Cape High court ordered that his application for asylum status be heard afresh. The man, only identified as MA, turned to the Western Cape High Court on Friday, where he asked that the decision by the Refugee Status Determination Officer, in refusing his refugee status, be overturned. Judge Gayaat da Silva-Salie ordered that his application for asylum status had to be heard afresh, by another officer. The judge remarked that the reasons given by the officer for refusing his application were nonsensical. MA fled to South Africa to join his lover, a doctor working here. He explained that homosexuality is criminalised in his country of origin. He was arrested in Chad in September 2022, after which he was convicted on charges of homosexual activities and sentenced to 18 months imprisonment. On appeal, his sentence was reduced to 12 months with the option of paying a fine. He was released from prison in February 2023 and entered South Africa in May 2023, by way of a visitor's visa. He applied for asylum on a few occasions and his most recent interview was in September last year. While the reasons for refusing him asylum status formed part of the court proceedings, the judge remarked that they were unintelligible, irrational and failed to consider the applicable law. The officer also failed to consider the circumstances in Chad, in particular their position on homosexuality. MA submitted in support of his application for asylum that he fled Chad after being imprisoned solely for being a homosexual man. He further stated that his safety and freedom remain threatened in Chad, where homosexuality is a criminal offence. He also indicated that his family had disowned him and that he faces persecution both from the State and society at large in his home country. Home affairs, on the other hand, said he has not yet exhausted the internal remedies available to him and argued that he could return to that country. The department reasoned that the judiciary in Chad is independent, and that although homosexuality is criminalised, some courts had released offenders. Judge Da Silva-Salie found the arguments by the department 'rather problematic". 'It accepts the factual basis of criminalisation of homosexuality, with consequent criminal convictions and punishments in the applicant's home country of Chad, while simultaneously rejecting the credibility of the applicant's claim of fear of future persecution,' she said. She added that no attempt was made to test or evaluate the applicant's claim that his prior arrest, imprisonment, and societal ostracisation due to his homosexuality posed a continued threat. The judge said if the applicant returned to Chad, his position can only be worse if he continued his lifestyle as he would be already a convicted person of homosexual offences. She referred to the reason forwarded for refusing asylum as 'a characteristic of a sequence of illogical babble".
eNCA
2 hours ago
- eNCA
Mother accused of selling son back in court
JOHANNESBURG - A mother accused of selling her son is back in the Vanderbijlpark magistrate's court. Keneilwe Shalaba is accused of human trafficking and conspiracy to commit a crime. Her son, 2-year-old Kutlwano Shalaba, went missing in November last year. He was reportedly sold for R75,000. The money was deposited into Shalaba's account on the day of his disappearance. Kutlwano's body was recovered last week.
IOL News
20 hours ago
- IOL News
Elderly man wrongfully arrested for child rape to receive R1. 5 million in damages
Imprisoned for more than 16 months on a charge of rape which he did not commit, an elderly man is now due to receive R1.5 million from the police as compensation for his harrowing ordeal. Image: File An elderly Mpumalanga man, who was falsely accused of raping a child and had to spend more than 16 months in jail under harrowing circumstances, before the charge was withdrawn against him, is set to receive R1.5 million in damages from the police. The now 70-year-old, only identified as MM, turned to the Gauteng High Court, Johannesburg, where he claimed R30.3m in damages. This was calculated at R60,000 a day for approximately 505 days. To make matters worse, MM was only released from prison a month after the charge was withdrawn against him. The police failed to either inform him or the prison authorities immediately after his name was cleared. MM told the court that upon his release, he faced stigma in his community and even in his home village in Mpumalanga, where people viewed him as a child molester. This reputational damage continues to affect him and, in all likelihood, will continue to do so, Acting Judge RC Thackwell remarked. He was arrested at his home on suspicion of having raped a minor. He was detained first at Primrose Police Station and subsequently at Boksburg Prison. It had emerged that the investigating officer simply glanced at the case docket and had no concrete evidence that MM was a suspect. Judge Thackwell said the law requires that before making an arrest, an officer must do more than simply form an initial suspicion. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad Loading 'The suspicion must be reasonable when viewed objectively. Practically, this means the arresting officer needs to take concrete steps to validate their initial suspicion by investigating the essential elements and facts potentially relevant to the particular offence.' The judge added that suspicion alone is insufficient. The plaintiff testified that he was at his home in Marathon Squatter Camp, while he was engaged in his business of selling cooked meat from his home premises. The police arrived at his home accompanied by a woman and a child. The mother of the child accused him of raping the minor. The plaintiff stated that he did not know either the woman or the child prior to this encounter. MM, meanwhile, provided a harrowing account of his time in detention. He described being housed in a cell with approximately 60 other inmates in unsanitary conditions where toilets were frequently blocked. He witnessed violence among inmates, including the stabbing of an inmate who was next to him and another inmate being struck on the head with a blunt object. He also stated that the food was inadequate. Speaking on how this nightmare ordeal impacted him, MM testified that people in his community viewed him differently, with some referring to him as dangerous to children. He lost his business, and the family had to sell his car to make ends meet. The duration of his detention is exceptionally long for a case where the charges were ultimately withdrawn, and there was no real evidence identified in support of those charges, the judge noted, in awarding him R1.5m in damages.
