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Dire Consequences Of Being In Contempt Of A Court Order

Dire Consequences Of Being In Contempt Of A Court Order

Author: Fawzia Khan
Date: 2023-10-27

Being in the unfortunate position ofhaving a court compel you to make payment/s to someone is one thing. Notabiding the terms of that court order is quite another thing altogether as aterm of imprisonment looms on your radar.

Thecourt ordered that a husband who failed to pay his wife interim maintenance beincarcerated for 14 days by going to the prison over the weekends from Fridaysat 15h00 until Sundays at 15h00, until the full period has been served. Thecouple are presently engaged in divorce proceedings which started as far backas 2018. In 2021 the court granted the wife interim maintenance, which theman failed to abide by.

InJune 2023 the court ordered the husband to be committed to prison for a periodof 14 days, but suspended it on condition that he complies with the originalorder within 30 days. Sadly this was not done.

Thewife then called for him to be imprisoned for 14 days and that asked that if hefailed to provide her with details of all his pension interests, then she mustbe awarded 100% of her husband's pension interests in his retirement annuities.She would invest the money in any interest bearing account for the duration ofthe divorce and asked that she be allowed to draw monthly payments from theinvested funds of what he was obliged to pay to her.

Ondivorce the parties would distribute the funds so invested in accordance withthe terms of the decree of divorce. The court refused to grant her the reliefrelating to the pension interests saying that the Pension Funds Act do notallow for this.

However,with regard to the contempt of court application, the court said that as theman was already found to be in contempt of court, the only issue which thecourt needed to determine is whether the suspended sentence should now beinvoked.

Afterconsidering all the facts presented in that matter, the court opined thatwhilst the husband pleaded poverty and that his business was badly affected byCOVID he did not bring any application to vary the Rule 43 application or totake the matter to the maintenance court calling for a reduction of the amountof maintenance.

Thecourt said, "Repeated disobedience cannot be countenanced, as it is an affrontnot only to the wife but also to the court" and ordered that the man be orderedto serve periodic imprisonment.

Knowyour rights! The Law Desk of Fawzia Khan and Associates. Giving YOU the Powerof Attorney. Call 031-5025670 or email fawzia@thelawdesk.co.za for legalassistance at competitive rates.