Pretoria - Straight to jail and no getting out card for three months.
This was the message conveyed to a father of three who simply ignored court orders that he had to pay maintenance towards his wife and children.
These orders were made during previous court hearings following a settlement agreement between the couple when they got divorced.
None of these orders, which the husband had earlier agreed to, were adhered to. It was calculated that he owed the wife more than R7 million.
She told the court that because he did not pay as promised, she had to sell one of their other properties to make ends meet.
In once again proving that maintenance orders are to be taken seriously, a judge on Thursday ordered the father had to, by Friday, report to the station commander at Mafikeng police station – no later than 24 hours of this order being made to start serving his sentence.
The North West High Court, sitting in Mafikeng, also ordered that if the father does not submit himself to police, as ordered, the SAPS must take all steps to ensure he was delivered to jail as he has now been found to be in contempt.
The applicant (wife) and respondent (husband) were married in community of property from 2002 until 2014 when the final divorce decree was granted.
The respondent is an accountant and businessman and the sole director of an accounting firm.
Part of the settlement agreement was that the husband offered to purchase a family home for the wife and children to the value of R3 million. He also offered to purchase a Sport Utility Vehicle for her valued at R1.8m.
He also offered her R1m towards renovations to another property he promised to transfer into her name. The husband failed to honour his agreements – made orders of court – and it was calculated he owed her R7 386 324.
The wife earlier obtained a warrant of execution to be issued against the husband for this amount and the Sheriff of the Court attached some of the husband’s assets amounting to R9.6m to pay his wife. This order was, however, later placed on ice.
In yet another subsequent order, the court granted a garnishee order against the husband’s dividends in his accounting company. Yet, none of these orders were adhered to.
The court said contempt of court proceedings exist to protect the rule of law and the authority of the judiciary. The authority of courts and obedience of their orders, the very foundation of a constitutional order founded on the rule of law, depends on public trust and respect for the courts.
Acting Judge J Morgan said the husband was wilfully in contempt of court. The judge said the husband had to face the consequences of his empty promises; jail time was the only remedy.
Pretoria News