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South Africa Case Law

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Criminal Law [2016] ZANCHC 10

E.S v S (CA&R71/16)

E.S v S (CA&R71/16) [2016] ZANCHC 10 (16 September 2016)

The High Court upheld an appeal against a 12-month prison sentence for failing to pay maintenance, finding misdirections and ordering reconsideration after a proper financial enquiry.

  • Maintenance Act
  • Failure To Comply With Maintenance Order
  • Sentencing Options
  • Arrear Maintenance
  • Financial Enquiry
  • Maintenance-act
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Criminal Law [2011] ZAWCHC 522

Du Plessis v S (A267/11)

Du Plessis v S (A267/11) [2011] ZAWCHC 522 (11 November 2011)

The High Court set aside a maintenance-order conviction and sentence after the appellant was denied the chance to cross-examine a witness, finding a procedural irregularity.

  • Failure To Comply With Maintenance Order
  • Right To Cross Examination
  • Procedural Irregularity
  • Maintenance-orders
  • Cross-examination
  • Criminal-procedure
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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)

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…

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