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South Africa Case Law

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Civil Procedure [2023] ZAFSHC 136

Mafube Local Municipality v Municipal Workers' Retirement Fund and Others (2672/2021)

Mafube Local Municipality v Municipal Workers' Retirement Fund and Others (2672/2021) [2023] ZAFSHC 136 (2 May 2023)

Court
Free State High Court, Bloemfontein
Case number
2672/2021
Judge
Cronjé, AJ

The Municipality failed to meet the jurisdictional requirements for a stay of execution under section 153 of the MFMA, as no approved financial recovery plan exists and no substantive steps have been taken by the Provincial Government or its appointed agent. The Municipality has a history of non-payment and delay, and its claims of urgency and harm are unsupported by financial evidence. The statutory framework does not protect municipal bank accounts from attachment, and the Municipality’s conduct constitutes a criminal offence under the Pension Funds Act. The application for a stay is dismis…

Source excerpt

  • Stay Of Execution
  • Municipal Finance Management Act
  • Pension Funds Act
  • Attachment Of Bank Accounts
  • Statutory Obligations
  • Criminal Liability For Non Payment
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Family And Children [2010] ZAWCHC 139

Britz v S (A110/10)

Britz v S (A110/10) [2010] ZAWCHC 139 (15 July 2010)

Court
Western Cape High Court, Cape Town
Case number
A110/10
Judges
Le Grange R, DC Joubert WnR

The court found that the appellant had sufficient financial means to comply with the maintenance order, as evidenced by his assets, expenditures, and insurance payout during the relevant period. The appellant's explanations regarding his inability to pay were vague and unsubstantiated, and his prioritization of other expenses over maintenance obligations was unjustified. The conviction for contravening section 31(1) of the Maintenance Act was upheld. However, the sentence imposed by the trial court exceeded the statutory maximum and was accordingly reduced to twelve months' imprisonment, whol…

Source excerpt

  • Maintenance Act
  • Failure To Comply With Maintenance Order
  • Criminal Liability For Non Payment
  • Sentencing Principles
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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.