Jonker and Another v Stoffels (1222/2008) [2010] ZANCHC 46 (25 May 2010)

Jonker and Another v Stoffels (1222/2008) [2010] ZANCHC 46 (25 May 2010)

The court found that Mr Stoffels deliberately and mala fide disobeyed the orders of the Northern Cape High Court regarding the custody and access to the minor child Curstin Stoffels. His conduct, including forum shopping and reliance on orders from the Western Cape High Court, was intended to circumvent the original orders and frustrate their execution. The respondent was afforded multiple opportunities to comply but persistently refused, demonstrating a wilful disregard for the authority and dignity of the court. The court held that its orders remain valid and enforceable throughout South Africa unless set aside by a competent appellate court, and that no other High Court may vary or...

Citation
[2010] ZANCHC 46
Parties
Applicant: J H Jonker; Applicant: H J J A Jonker; Respondent: Francois C Stoffels
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
25 May 2010
Case Number
1222/2008
Procedural Posture
Contempt Application / Final Judgment on Contempt Application
Outcome
The respondent, Mr Francois Christiaan Stoffels, is found guilty of contempt of court for deliberate disobedience of three court orders. He is committed to jail for one month, suspended for ten days on condition that he delivers the child Curstin to the applicants. Costs are awarded on a punitive scale, split...
Judges
F Diale Kgomo
Legal Topics
Custody of Minors, Contempt of Court, Parental Responsibilities and Rights, Jurisdiction of High Courts, Stay of Execution
Family and Children Civil Procedure Custody of Minors Contempt of Court Parental Responsibilities and Rights Jurisdiction of High Courts Stay of Execution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 22 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

J H Jonker

Applicant

H J J A Jonker

Applicant

Francois C Stoffels

Respondent

Procedural Posture

Contempt Application / Final Judgment on Contempt Application

Legal Issues

  1. 1 Whether the respondent, Mr Stoffels, deliberately and mala fide disobeyed the orders of the Northern Cape High Court regarding custody and access to the minor child Curstin Stoffels.
  2. 2 Whether the respondent's attorney, Ms Odette Deysel, is also in contempt of court for her conduct in the matter.
  3. 3 Whether the orders of another High Court (Western Cape) can stay or vary the orders of the Northern Cape High Court regarding the same child and subject matter.

Ratio Decidendi

The court found that Mr Stoffels deliberately and mala fide disobeyed the orders of the Northern Cape High Court regarding the custody and access to the minor child Curstin Stoffels. His conduct, including forum shopping and reliance on orders from the Western Cape High Court, was intended to circumvent the original orders and frustrate their execution. The respondent was afforded multiple opportunities to comply but persistently refused, demonstrating a wilful disregard for the authority and dignity of the court. The court held that its orders remain valid and enforceable throughout South Africa unless set aside by a competent appellate court, and that no other High Court may vary or...

Court Disposition

The respondent, Mr Francois Christiaan Stoffels, is found guilty of contempt of court for deliberate disobedience of three court orders. He is committed to jail for one month, suspended for ten days on condition that he delivers the child Curstin to the applicants. Costs are awarded on a punitive scale, split...

Orders

  • The respondent (Mr Francois Christiaan Stoffels) is found guilty of contempt of court for disobeying the orders of 02 October 2009, 30 October 2009, and 25 March 2010.
  • The respondent is committed to jail for one month for contempt of court, suspended for ten days from the date of this order on condition that he delivers the child Curstin to the applicants before expiry of the ten days.