- The court found him in contempt for failing to pay R118 000 in arrears, municipal bills, and medical costs.
- He received a 90-day jail sentence, which is suspended for five years if he complies within 30 days.
- The judge stressed that parents cannot hide behind excuses or legal delays when children’s well-being is at risk.
The Free State High Court decided against a father who failed to follow a maintenance order, leaving his former spouse and their two children in serious financial trouble. Judge J Daniso found the man in contempt after he fell behind on payments mandated in June 2024. By March 2025, his arrears surpassed R118 000.
The mother, who is unemployed and relies on the ordered payments, struggled to cover school fees, medical expenses, swimming lessons, and household bills. Statements presented to the court revealed unpaid bills piling up, and the children’s medical aid was suspended due to non-payment.
Judge rejects excuses
The father tried to argue that his farm's destruction from veldfires and reputational harm had affected his income. He also claimed he was unaware of some expenses and felt he was not responsible for the arrears.
However, the court found his explanations unconvincing. Judge Daniso ruled that the father had chosen to focus on legal battles rather than his children's needs. He had money to hire lawyers but did not use those resources to support his family.
The court made it clear that contempt proceedings are not meant for collecting debts but to uphold the authority of the judiciary and ensure compliance with orders, especially when children’s rights are involved. Judge Daniso noted that the father had every chance to seek a change in the maintenance order under Rule 43(6) but chose not to.
Children’s best interests come first
In a strong ruling, the court emphasised the ongoing hardship faced by the children. The father's neglect was seen as undermining their best interests and violating their constitutional right to maintenance. Citing the Constitutional Court’s decision in Bannatyne v Bannatyne, Judge Daniso highlighted that parents cannot evade their responsibilities using legal loopholes or delaying tactics.
In the end, the father received a 90-day prison sentence, which is suspended for five years on the condition that he follows the maintenance order within 30 days. The mother was allowed to return to court if the father defaults again, and he was ordered to pay the legal costs of the application.
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