OLJ v OLA (1370/2018) [2020] ZAECGHC 92 (21 August 2020)
- Citation
- [2020] ZAECGHC 92
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Eastern Cape High Court, Grahamstown
- Panel
- P N Kroon
- Case number
- 1370/2018
More details
- Court
- Eastern Cape High Court, Grahamstown
- Panel
- P N Kroon
- Case number
- 1370/2018
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The applicant ultimately complied with the court order by returning the minor children to the respondent and provided an affidavit explaining his previous non-compliance. In the interests of the children, the court determined that no further action should be taken at this stage, but warned the applicant that any repetition of such conduct would be viewed seriously and could result in contempt proceedings and sanctions. The judgment is to be included in the record for any future rule 43 proceedings and the divorce action.
Court disposition
The applicant complied with the previous order by returning the minor children; no further action is taken, but a warning is issued regarding future conduct.
Orders
- No further action is taken against the applicant at this stage.
- This judgment is to form part of the record in any future rule 43 proceedings and in the divorce action.
- The applicant is warned that repetition of such conduct will be viewed seriously and may result in contempt proceedings.
02
Material facts
Parties
O[…] L J
Applicant Counsel: Adv BrownO[…] L A
Respondent Counsel: Adv Beard03
Procedural history
Posture
Family Law Application / Post Judgment Compliance Review
04
Questions and positions
Legal issues
- 01
Whether the applicant complied with the previous court order regarding the return of the minor children.
- 02
Whether further action for contempt of court is warranted against the applicant.
- 03
Whether the applicant's conduct should be recorded for future proceedings.
Party arguments
- Applicant
- The applicant explained in his affidavit that he has returned the minor children to the respondent and acknowledged his previous non-compliance with the order issued by Bloem J. He provided reasons for his conduct and accepted responsibility for the delay.
- Respondent
- The respondent sought enforcement of the previous order and requested the court to consider contempt proceedings due to the applicant's initial refusal to comply. The respondent emphasized the importance of compliance for the welfare of the children.
05
Court’s reasoning
Legal principles
- 01
Bloem J order; general principles of contempt of court
A party who fails to comply with a court order may be found in contempt of court and subjected to sanctions, including imprisonment or a suspended sentence.
- 02
Children's Act 38 of 2005
The best interests of the minor children are paramount in all matters concerning their custody and care.
06
Ratio, limits and disposition
Ratio decidendi
The applicant ultimately complied with the court order by returning the minor children to the respondent and provided an affidavit explaining his previous non-compliance. In the interests of the children, the court determined that no further action should be taken at this stage, but warned the applicant that any repetition of such conduct would be viewed seriously and could result in contempt proceedings and sanctions. The judgment is to be included in the record for any future rule 43 proceedings and the divorce action.
Obiter and limits
- The applicant came perilously close to being found in contempt of court and having a suspended sentence imposed.
- Should conduct of this nature be repeated by the applicant, it will be viewed in a very serious light by the court.
- This judgment is to form part of the record in any future rule 43 proceedings and in the divorce action.
Court disposition
The applicant complied with the previous order by returning the minor children; no further action is taken, but a warning is issued regarding future conduct.
- No further action is taken against the applicant at this stage.
- This judgment is to form part of the record in any future rule 43 proceedings and in the divorce action.
- The applicant is warned that repetition of such conduct will be viewed seriously and may result in contempt proceedings.
Source and reliance status
Eastern Cape High Court, Grahamstown
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Eastern Cape High Court, Grahamstown
Judgment
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN
THE HIGH COURT OF SOUTH AFRICA
EASTERN CAPE DIVISION, GRAHAMSTOWN
Case No.: 1370/2018
Date Heard: 30 July 2020
Date Delivered: 21 August 2020
In the matter between:
O[…]
L J
Applicant
and
O[….]
L A
Respondent
JUDGMENT
KROON AJ:
1. In this matter I handed down judgment on 3 August 2020 in terms of which I struck the matter from the roll and issued an order containing, inter alia, the following paragraphs:
“5. The Applicant is to return the two minor children, K[…] M[…] O[…] and L[…] D[…] J[…] O[…] today, 3 August 2020, to the Respondent at the venue where the investigation to be conducted by Dr Swanepoel is scheduled to commence.
6. Should the Applicant refuse to return the two minor children to the Respondent, the Respondent is authorised to enlist the services of the Sheriff of the High Court, assisted insofar as it may be necessary by the South African Police Services, to ensure that there is compliance by the Applicant with this order.
7. The Applicant is required to furnish this Court, within 7 days, with an affidavit containing an explanation for the non-compliance with the order by Bloem J and an explanation as to why, when the Applicant was requested by the Court at the hearing on 30 July 2020 to reconsider his stance and to return the children, he refused to do so.”
2. In compliance with this order the Applicant deposed to an affidavit dated 11 August 2020 which was only brought to my attention on 20 August 2020.
3. In explaining his conduct in his affidavit the Applicant confirms that he has returned the children to the Respondent and accepts that he failed to comply with the order issued by Bloem J.
4. I have noted the contents of the affidavit and, in the interest of the children, do not deem it appropriate for further action to be taken at this stage, save to record that the Applicant came perilously close to having been found in contempt of Court and having had a commensurate sentence imposed upon him, albeit in the nature of a suspended sentence.
5. It needs only to be stated that should conduct of this nature be repeated by the Applicant it will be viewed in a very serious light by the Court.
6. This judgment is to form part of the record in any future rule 43 proceedings and in the divorce action.
P
N KROON
ACTING
JUDGE OF THE HIGH COURT
Appearances:
For Applicant: Adv Brown instructed by Netteltons
For Respondent: Adv Beard instructed by Cloete & Co
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