South Africa Case Law

Cilibia v Cilibia (3460/2021)

Cilibia v Cilibia (3460/2021) [2022] ZAFSHC 132 (17 May 2022)

Court

Free State High Court, Bloemfontein

Case number

3460/2021

Judge

Snellenburg, AJ

The respondent admitted non-compliance with the maintenance order but attempted to justify her conduct by claiming uncertainty regarding the method of payment and financial constraints. The court found these explanations contrived and rejected the assertion that payment into the attorney's account was a mistake. The requirements for contempt were established: a valid order existed, the respondent had knowledge of it, and failed to comply. The presumption of wilfulness and mala fides was not rebutted by the respondent. The court granted condonation for the late filing of the answering affidavi…

Source excerpt

• Maintenance Pendente Lite
• Contempt Of Court
• Rule 43 Proceedings
• Wilful Disobedience
• Condonation
• Coercive Orders

Harnwell v Harnwell (342/2018)

Harnwell v Harnwell (342/2018) [2021] ZAECGHC 69 (27 July 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

342/2018

Judge

M.J. Lowe

High Court granted condonation and leave to appeal in a contempt matter, finding a possible factual error about property value that could affect the outcome.

• Condonation For Late Filing
• Leave To Appeal
• Contempt Of Court
• Coercive Orders
• Condonation-for-late-filing
• Leave-to-appeal