- A father was found in contempt of court after failing to pay R210 000 in maintenance for his wife and two children.
- The court rejected his claim that he could not afford the payments after evidence showed he funded businesses linked to him.
- He received a suspended 90-day prison sentence and was ordered to pay the outstanding maintenance.
A father involved in ongoing divorce proceedings has been found in contempt of court for failing to pay maintenance for his wife and two minor children, even as he continued to advance large sums to businesses linked to him.
Judge T Ndita of the High Court in the Western Cape found that the father’s explanation that he could not afford the monthly maintenance payments was not supported by the evidence. The court ruled that he had deliberately failed to comply with a maintenance order requiring him to pay R42 000 per month.
The father was sentenced to 90 days in prison, suspended until the divorce proceedings are finalised, provided he settles the outstanding maintenance and follows future court orders.
Maintenance arrears kept increasing
The couple, who are currently divorcing, have two minor children. In June 2023, a court ordered the father to pay R42 000 per month in maintenance.
In the years that followed, the father made several attempts to have the maintenance amount reduced, arguing that his financial situation had changed and he could no longer afford the payments. Each of these applications was dismissed by the courts.
Eventually, the father stopped paying maintenance altogether. By December 2025, he owed R210 000 in arrears. Although he later paid R200 000 through his attorneys, the court found that this did not excuse his earlier failure to comply with the maintenance order.
Court dismisses claim of financial hardship
The mother told the court that the father still had access to significant financial resources while maintenance remained unpaid.
Evidence showed that he had substantial credit available during the period when he was not paying maintenance. The court also heard that he loaned R375 000, obtained through a credit facility, to a property company where he served as a director, even while he was behind on maintenance payments.
Judge Ndita found that this behaviour undermined the father’s claim that he couldn’t afford to support his family.
The judge remarked, “It is difficult to understand the Respondent’s decision to loan Vikla R375 000 from his credit card when he knew, or should have known, that his maintenance obligations were already in arrears.”
The court also found that the father had advanced money to other businesses while neglecting his maintenance obligations. Judge Ndita added, “After all, the maintenance of his minor children should, all things being fair, even without a court order, be his priority.”
Children’s needs come first
The court found that the father’s claims of financial difficulty were not backed by a full disclosure of the finances of businesses and entities under his control.
Judge Ndita said, “The Respondent’s claims of being in financial difficulties are unconvincing and, to me, seem contrived, given that he readily loaned substantial amounts to other entities while neglecting his maintenance obligations.”
The judge concluded that the father’s failure to pay maintenance was deliberate and in bad faith.
Judge Ndita said, “A finding of willfulness and mala fides is inescapable. Contempt has therefore been established beyond reasonable doubt.”
Suspended prison sentence
The court ordered the father to pay the outstanding R136 000 within 20 days and to strictly comply with the maintenance order in future. If he fails to do so, the mother can return to court and seek enforcement of the suspended prison sentence.
In closing, Judge Ndita found that the father’s explanation for not being able to afford the maintenance payments did not meet the legal standard.
The judge said, “The respondent’s explanation that he cannot afford his maintenance obligations falls short of the standard required to prove lack of willfulness or bad faith.”
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