Bursey v Bursey and Another (611/97) [1999] ZASCA 25; [1999] 2 All SA 289 (A) (30 March 1999)

Bursey v Bursey and Another (611/97) [1999] ZASCA 25; [1999] 2 All SA 289 (A) (30 March 1999)

The Supreme Court of Appeal held that the maintenance order in question was clear and unambiguous, requiring the appellant to pay maintenance for his child until the child became self-supporting, irrespective of whether the child had reached majority. The reference to 'minor children' in the order served only to identify the children and did not qualify the duration of the maintenance obligation. The order did not cease to operate upon the child attaining majority but only when the child became self-supporting, which is an objective fact capable of proof. The custodian parent remained entitled to enforce the order until its termination. The Court rejected the argument that the agreement...

Citation
[1999] ZASCA 25
Parties
Appellant: Graham John Bursey; Respondent: Jane Noelle Bursey; Respondent: The Sheriff of the High Court of South Africa (South Eastern Cape Local Division)
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 March 1999
Case Number
611/97
Procedural Posture
Civil Appeal / Appeal From Full Court Decision Following Application to Set Aside Writ of Execution
Outcome
Appeal dismissed with costs.
Judges
Vivier, Nienaber, Howie, Olivier, Plewman
Legal Topics
Maintenance Order, Divorce Act, Child Support, Self Supporting Child
Family and Children Maintenance Order Divorce Act Child Support Self Supporting Child

Case Brief

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Parties

Graham John Bursey

Appellant

Jane Noelle Bursey

Respondent

The Sheriff of the High Court of South Africa (South Eastern Cape Local Division)

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Court Decision Following Application to Set Aside Writ of Execution

Legal Issues

  1. 1 Does a divorce order for maintenance 'until the child becomes self-supporting' extend beyond the child's majority?
  2. 2 Does the maintenance obligation cease automatically when the child attains majority or only when self-supporting?
  3. 3 Can the custodian parent enforce maintenance for a child who has reached majority under such an order?

Ratio Decidendi

The Supreme Court of Appeal held that the maintenance order in question was clear and unambiguous, requiring the appellant to pay maintenance for his child until the child became self-supporting, irrespective of whether the child had reached majority. The reference to 'minor children' in the order served only to identify the children and did not qualify the duration of the maintenance obligation. The order did not cease to operate upon the child attaining majority but only when the child became self-supporting, which is an objective fact capable of proof. The custodian parent remained entitled to enforce the order until its termination. The Court rejected the argument that the agreement...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.