Rabie v Rabie (4758/09) [2010] ZAWCHC 499 (15 October 2010)

Rabie v Rabie (4758/09) [2010] ZAWCHC 499 (15 October 2010)

The court found that the respondent was aware of the court order and the incorporated settlement agreement. The respondent failed to pay the outstanding amount of R800,000 and maintenance for the two minor children, as required. The respondent's explanation of financial difficulty was rejected as not credible on the papers. The applicant proved on a balance of probabilities that the respondent's non-compliance was wilful and mala fide. Consequently, the respondent was found guilty of contempt of the court order dated 14 December 2007 and sentenced to six months' imprisonment, wholly suspended for twenty-four months on condition of compliance with the payment terms and maintenance...

Citation
[2010] ZAWCHC 499
Parties
Applicant: Eloise Wilson-Rabie; Respondent: Reginald William Lynton Rabie
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 October 2010
Case Number
4758/09
Procedural Posture
Urgent Application / Contempt of Court Application
Outcome
Respondent found guilty of contempt of court. Six months' imprisonment wholly suspended for twenty-four months on condition of compliance with payment and maintenance orders. Respondent ordered to pay costs of the application.
Judges
Veldhuizen
Legal Topics
Contempt of Court, Maintenance Order, Divorce Settlement, Enforcement of Court Order
Family and Children Civil Procedure Contempt of Court Maintenance Order Divorce Settlement Enforcement of Court Order

Case Brief

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Parties

Eloise Wilson-Rabie

Applicant

Reginald William Lynton Rabie

Respondent

Procedural Posture

Urgent Application / Contempt of Court Application

Legal Issues

  1. 1 Whether the respondent is in contempt of the court order dated 14 December 2007.
  2. 2 Whether the respondent's failure to comply with the settlement agreement incorporated in the divorce order was wilful and mala fide.
  3. 3 Whether the respondent should be sentenced for contempt and ordered to pay outstanding amounts and maintenance.

Ratio Decidendi

The court found that the respondent was aware of the court order and the incorporated settlement agreement. The respondent failed to pay the outstanding amount of R800,000 and maintenance for the two minor children, as required. The respondent's explanation of financial difficulty was rejected as not credible on the papers. The applicant proved on a balance of probabilities that the respondent's non-compliance was wilful and mala fide. Consequently, the respondent was found guilty of contempt of the court order dated 14 December 2007 and sentenced to six months' imprisonment, wholly suspended for twenty-four months on condition of compliance with the payment terms and maintenance...

Court Disposition

Respondent found guilty of contempt of court. Six months' imprisonment wholly suspended for twenty-four months on condition of compliance with payment and maintenance orders. Respondent ordered to pay costs of the application.

Orders

  • The respondent is found guilty of contempt of the court order dated 14 December 2007.
  • The respondent is sentenced to six months' imprisonment, wholly suspended for twenty-four months on condition that he pays R800,000 plus interest a tempore morae in 24 equal monthly instalments to the applicant, with the first payment due on or before 30 October 2010 and subsequent payments on or before the 30th of...