‘Monied’ dad’s maintenance blunders earn him weekend jail stints SA Nivells jokes

• A man who refused to pay full periodic maintenance was found to be in contempt of an interim order
• The state sentenced the father of three to a periodic sentence of 30 days in jail on weekends
• SA’s vocal online community offered insight into the legal sanction after playing in the Western Cape

JOHANNESBURG – South Africa’s approach to maintenance has been renewed, with practical punishment for society’s standards.

A recent example of the court’s handling of the common problem occurred after an allegedly wealthy businessman returned to an abandoned dead beat.

Father earns weekends in prison

After court proceedings unfolded between the man and the complainant, his estranged wife, a homemaker, the Western Cape High Court found him in contempt of an interim maintenance order.

Read also

Young farmer breaks down hole budget, SA shares gratitude: “This is very useful”

Thus, the State sentenced him to 30 days in prison, ordering that it be served on weekends. He should report for incarceration on Fridays at 5:00 p.m. and be released on Mondays at 6:00 a.m.

In a SowetanLIVE column, attorney Tina Hokwana noted that the sentence was suspended if the man complied with a court order to comply with various financial obligations he had failed to meet.

Aside from child support, these include outstanding rent and other education and health payments within 60 days. The court ordered him to continue serving the order until the matter is resolved.

The couple, who have three children, separated in April 2022 after nine years together before the husband left the matrimonial home.

In a subsequent interim maintenance order on 1 March 2024, the court ordered him to make monthly child support payments of R60,000 to his ex-wife.

Read also

SA appalled as Queenstown Girls’ High teacher accused of sexually abusing pupils, suspended

However, he paid only Rs 22,500 per month, Rs 37,500 less than required, for school fees and medical assistance. He refused to pay other educational and medical expenses and the rent.

Hokwana wrote that he argued in court that his financial circumstances changed in February, making it difficult for him to satisfy the order.

The court considers the appropriate penalty

The court did not accept his rebuttal after he did not accept his reliance and did not make an application.

The court granted his request for periodic sentencing — after reasoning that he needed to save his business and exercise contact with the children — and the judge chose to divert another appropriate sentence.

He was eventually found in contempt of the child support order and sentenced to 30 days of periodic jail time on weekends.

However, it was stayed on the condition that the ex-husband comply with the arrears order within 60 days and not default until the matter is resolved.

Read also

‘I’ve made up my mind’: SA man risks everything to build farm that supplies major retailers

The unique litigation and its outcome set the stage for strong sentiments from an invested online community.

Many observers on social media found the case compelling and applauded the justice system’s hilarious handling of maintenance cases.

News in brief look at the colorful reactions.

@mehlulisizwe joked:

“Imagine becoming a part-time member of the gang of 26 on weekends.”

@shirleyheavens wrote:

“He will be in jail during the weekends to save this papgeld.”

@Nokwazi_Zee laughed:

“Pardon the laugh, but that’s funny. That judge cooked.”

@Choc_Strauws said:

“The judge said, ‘No problem, let’s be proactive then.’

@Charmzo_man asked:

“Can we do the same for women who lie about who the fathers of their babies are?”

@ziyandas mentioned:

“I would ask for 30 consecutive days and be done with it.”

Wife divorces husband for cheating

In related news, News in brief reported that a woman divorcing her husband demanded R100,000 in maintenance for her three children.

Read also

Insurer loses regular seat after rejecting woman’s claim for not mourning the mattress

The woman filed an application in the Durban High Court seeking interim maintenance for herself and her children.

Source: Brief News