A KwaZulu-Natal businessman who defaulted on payments on his children’s school fees, monthly rental and their medical aid premiums, told the court that he was unable to make some of the payments due to lack of funds.
However, the Durban High Court was not convinced with his argument, after it came out that he incurred unnecessary and luxurious expenses ranging from regular purchases of liquor and cannabis, branded clothing, frequent restaurant and take away purchases, as well as holidays and spa treatments.
His attorney tried to explain away the extravagant expenses by submitting that some of these expenses were for the minor children and that he was entitled to enjoy luxuries.
Acting judge R Singh said his luxuries should not trump his obligations to obey the law and fulfil his responsibilities.
“Sitting as upper guardian of minor children, the court will not tolerate failure to meet maintenance obligations in respect of minor children,” said acting Judge Singh.
The KZN father is in the middle of a divorce from his wife.
In May 2021, the wife brought a Rule 43 application seeking interim maintenance for her and the children. The number of children was not mentioned.
The man was ordered to pay R15,750 monthly maintenance in respect of the wife and their children.
He was directed to sign a 12-months lease agreement with the landlord in respect of the property occupied by the wife and children and also pay for the rent, children’s educational expenses and also cover the wife and minor children’s medical aid premiums.
Its unclear how many payments were effected after the order was made, however, he defaulted in all rental payments.
As a result, the landlord instituted eviction proceedings against the wife and children, while the school also threatened the children with exclusion.
The wife said she was also forced to add the children in her medical aid after the husband stopped paying for his.
In June 2023, the wife went back to court to have the husband held in contempt of court and be sentenced, accordingly.
In response, he admitted that he was in arrears with the rental but argued that he could no longer afford to pay the rental.
Regarding the maintenance, he said he was not obliged to pay maintenance for a period of 18 months. He was advised that the divorce action would be settled before then.
In respect of the medical aid premiums, he alleges that he could not afford to make payments, hence the medical aid was cancelled in 2021.
In relation to the school fees, he said that in 2018, he paid a lump sum and when he gets money from his business, he will settle the money before December 6, 2023.
However, the judge said there was nothing on paper suggesting that he was only obliged to settle school fees by December 6, instead, the letter states that if the fees are not paid, the children face exclusion on December 6.
Explaining his monthly income, he said it varies from R30,000 to R150,000. His expenses include material, labour and other expenses usually come up to R57,400 each month.
When his business sites are running, he pays salaries to the sum of R30,000.
He said that he does not have a personal bank account, however, no documents were produced to support his evidence.
“I’m not satisfied that the father was unable to meet his financial obligations due to lack of affordability ... If he was unable to meet his financial obligations, he ought to have approached this court to vary the Rule 43 order which was granted two and a half years ago. He simply chose not to do so until faced with the contempt application,” said the acting judge.
The acting judge sentenced the father to 30 days imprisonment which is wholly suspended for a period of three years on condition that he settles the debts regarding rent and school fees.
He was also ordered to pay R10,500 maintenance for the children, their school fees, stationery, extra mural activities, sport equipment, uniforms, as well as 50% for monthly rates, electricity, water, and utilities charges.
He must pay monthly instalments in respect of the wife’s Mercedes-Benz C180.
The wife was ordered to continue paying for the medical aid expenses and also contribute one third of the monthly rental.
IOL