E.S v S (CA&R71/16) [2016] ZANCHC 10 (16 September 2016)
Court
Northern Cape High Court, Kimberley
Case number
CA&R71/16
Judges
Olivier J, Mamosebo J
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.
Du Plessis v S (A267/11) [2011] ZAWCHC 522 (11 November 2011)
Court
Western Cape High Court, Cape Town
Case number
A267/11
Judges
Veldhuizen, Saba
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.
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…