M.H v M.E.H (25820/2015) [2019] ZAGPPHC 318 (22 July 2019)

M.H v M.E.H (25820/2015) [2019] ZAGPPHC 318 (22 July 2019)

The court found that the respondent was in contempt of the order dated 11 December 2018, which required him to reinstate the applicant as a beneficiary on his medical aid. The September 2015 Rule 43 order was interpreted, in context, as providing for the applicant's maintenance pendente lite until finalisation of the divorce. The respondent's argument that the order was invalid or only applied for six months after the Rule 43 application was rejected, as both the wording and subsequent conduct indicated the intention to provide cover until the divorce was finalised. The respondent's financial hardship was not accepted as a bona fide excuse, especially since he added another beneficiary to...

Citation
[2019] ZAGPPHC 318
Parties
Applicant: M[….] H[….]; Respondent: M[….] E[….] H[….]
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
22 July 2019
Case Number
25820/2015
Procedural Posture
Contempt Application / Final Judgment
Outcome
The respondent is found to be in contempt of the court order dated 11 December 2018.
Judges
Van der Schyff
Legal Topics
Rule 43 Applications, Maintenance Pendente Lite, Contempt of Court, Interpretation of Court Orders
Family and Children Civil Procedure Rule 43 Applications Maintenance Pendente Lite Contempt of Court Interpretation of Court Orders

Case Brief

Summary, issues, holding and outcome

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Parties

M[….] H[….]

Applicant

M[….] E[….] H[….]

Respondent

Procedural Posture

Contempt Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent is in contempt of the court order dated 11 December 2018.
  2. 2 Whether the respondent's failure to reinstate the applicant on his medical aid constitutes wilful and mala fide non-compliance.
  3. 3 Whether the September 2015 Rule 43 order is valid and enforceable regarding post-divorce obligations.

Ratio Decidendi

The court found that the respondent was in contempt of the order dated 11 December 2018, which required him to reinstate the applicant as a beneficiary on his medical aid. The September 2015 Rule 43 order was interpreted, in context, as providing for the applicant's maintenance pendente lite until finalisation of the divorce. The respondent's argument that the order was invalid or only applied for six months after the Rule 43 application was rejected, as both the wording and subsequent conduct indicated the intention to provide cover until the divorce was finalised. The respondent's financial hardship was not accepted as a bona fide excuse, especially since he added another beneficiary to...

Court Disposition

The respondent is found to be in contempt of the court order dated 11 December 2018.

Orders

  • The respondent is held to be in contempt of the order of this Court, dated 11 December 2018.
  • The respondent is committed to imprisonment for a period of 30 days, wholly suspended for 12 months, on condition that he adds the applicant as a beneficiary on his medical aid fund within 15 days of this order.