S S v V V S (CCT247/16) [2018] ZACC 5; 2018 (6) BCLR 671 (CC) (1 March 2018)

S S v V V S (CCT247/16) [2018] ZACC 5; 2018 (6) BCLR 671 (CC) (1 March 2018)

The applicant failed to comply with his maintenance obligations and with the August Order of the Constitutional Court, which required payment of arrears and ongoing maintenance for the minor child. His conduct undermined both the best interests of the child and the integrity of the judicial process. The Constitutional Court held that allowing the applicant to pursue leave to appeal in the face of ongoing non-compliance would dilute judicial authority and send a negative message regarding the enforceability of court orders. The interests of justice, especially where the rights of a child are at stake, require strict compliance with maintenance orders and court processes. The application...

Citation
[2018] ZACC 5
Parties
Applicant: S S; Respondent: V V-S
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
1 March 2018
Case Number
CCT 247/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court Following Dismissal by the Supreme Court of Appeal.
Outcome
Application for leave to appeal dismissed with punitive costs awarded against the applicant.
Judges
Zondo ACJ, Cameron J, Froneman J, Jafta J, Kathree Setiloane AJ, Kollapen AJ, Madlanga J, Mhlantla J, Zondi AJ
Legal Topics
Maintenance Arrears, Writ of Execution, Rule 46 Uniform Rules, Best Interests of Child, Punitive Costs, Contempt of Court
Family and Children Civil Procedure Maintenance Arrears Writ of Execution Rule 46 Uniform Rules Best Interests of Child Punitive Costs Contempt of Court

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Parties

S S

Applicant

V V-S

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court Following Dismissal by the Supreme Court of Appeal.

Legal Issues

  1. 1 Whether the applicant's failure to comply with maintenance obligations and court orders precludes him from pursuing leave to appeal.
  2. 2 Whether the amount claimed constitutes a judgment debt and whether the relationship between the parties is that of judgment debtor and creditor.
  3. 3 Whether the High Court properly used the Rule 46(1)(a)(ii) execution process as a measure of last resort.

Ratio Decidendi

The applicant failed to comply with his maintenance obligations and with the August Order of the Constitutional Court, which required payment of arrears and ongoing maintenance for the minor child. His conduct undermined both the best interests of the child and the integrity of the judicial process. The Constitutional Court held that allowing the applicant to pursue leave to appeal in the face of ongoing non-compliance would dilute judicial authority and send a negative message regarding the enforceability of court orders. The interests of justice, especially where the rights of a child are at stake, require strict compliance with maintenance orders and court processes. The application...

Court Disposition

Application for leave to appeal dismissed with punitive costs awarded against the applicant.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is to pay the respondent’s costs in this Court on an attorney and client scale, excluding costs relating to the 29 August 2017 postponement.