Mabule v Mabo (614/2021) [2021] ZAFSHC 194 (9 September 2021)

Mabule v Mabo (614/2021) [2021] ZAFSHC 194 (9 September 2021)

The Applicant failed to prove beyond reasonable doubt that the Respondent acted wilfully and in bad faith in breaching the court order regarding contact with the minor child. The court found that the Respondent kept the Applicant informed of circumstances affecting contact and did not act with mala fides. The court order did not specify the Kroonstad arrangement, which was a verbal agreement between the parties and not enforceable as contempt. The court emphasized the importance of considering the minor child's views in accordance with the Children’s Act and referred the matter to the Family Advocate for a report on the child's best interests and expressed views. Pending the report, the...

Citation
[2021] ZAFSHC 194
Parties
Applicant: Kekeletso Mabule; Respondent: Lumka Princess Mabo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 September 2021
Case Number
614/2021
Procedural Posture
Urgent Application / Contempt of Court Application Following Alleged Breach of Contact Order
Outcome
Application for contempt dismissed; matter referred to Family Advocate; interim contact arrangements ordered; each party to pay own costs.
Judges
Chesiwe
Legal Topics
Contempt of Court, Child Contact Rights, Parenting Plan, Children S Act, Best Interests of Child
Family and Children Civil Procedure Contempt of Court Child Contact Rights Parenting Plan Children S Act Best Interests of Child

Case Brief

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Parties

Kekeletso Mabule

Applicant

Lumka Princess Mabo

Respondent

Procedural Posture

Urgent Application / Contempt of Court Application Following Alleged Breach of Contact Order

Legal Issues

  1. 1 Whether the Respondent acted wilfully and in bad faith by failing to comply with the court order regarding contact with the minor child.
  2. 2 Whether the Respondent is in contempt of the court order dated 5 March 2021.
  3. 3 Whether the minor child's views regarding the contact arrangement should be considered.

Ratio Decidendi

The Applicant failed to prove beyond reasonable doubt that the Respondent acted wilfully and in bad faith in breaching the court order regarding contact with the minor child. The court found that the Respondent kept the Applicant informed of circumstances affecting contact and did not act with mala fides. The court order did not specify the Kroonstad arrangement, which was a verbal agreement between the parties and not enforceable as contempt. The court emphasized the importance of considering the minor child's views in accordance with the Children’s Act and referred the matter to the Family Advocate for a report on the child's best interests and expressed views. Pending the report, the...

Court Disposition

Application for contempt dismissed; matter referred to Family Advocate; interim contact arrangements ordered; each party to pay own costs.

Orders

  • The application for contempt is dismissed.
  • The matter is urgently referred to the Office of the Family Advocate to investigate the minor child's best interests, including the minor child's expressed views.