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South Africa Case Law

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Family And Children [2012] ZAKZPHC 21

Strydom v Strydom (AR 598/2011)

Strydom v Strydom (AR 598/2011) [2012] ZAKZPHC 21; 2012 (6) SA 482 (KZP) (3 April 2012)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR 598/2011
Judges
Swain, Mnguni

The court found that the appellant failed to demonstrate a true inability to pay the original maintenance, as his claimed expenses could reasonably be suspended or reduced in favour of supporting his minor children. The magistrate erred in disregarding these potential savings and in reducing the maintenance payable. Further, new evidence of substantial payments into the appellant's account, including salary increases and a SARS refund, was admitted on appeal due to the exceptional circumstances and the urgent need to safeguard the children's interests. The court, as upper guardian, restored t…

Source excerpt

  • Variation Of Maintenance Order
  • Best Interests Of Child
  • Arrear Maintenance
  • Ability To Pay
  • Admission Of Further Evidence
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Criminal Law [2002] ZANWHC 48

S v Shirinda (132/2002)

S v Shirinda (132/2002) [2002] ZANWHC 48 (12 December 2002)

Court
North West High Court, Mafikeng
Case number
132/2002
Judges
J H F Pistor, H N Hendler

The court held that the fine of R10,000 imposed by the Magistrate was excessive and not reasonably possible for the accused to pay, given his monthly income of R950 as a casual worker. The trial court failed to conduct a sufficient inquiry into the accused's ability to pay the fine or consider alternatives such as payment by instalments. The principles established in S v Lekgoale and S v Sithole require that the option of a fine must be real and not illusory, and that the court must inquire into the accused's financial means unless circumstances are obvious. The matter was remitted to the Mag…

Source excerpt

  • Sentencing Principles
  • Option Of Fine
  • Ability To Pay
  • Housebreaking And Theft
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.