A high court in Pretoria has ordered a man to pay R2,379,034 in unpaid maintenance to his ex-wife, along with other financial obligations, within 30 days or face imprisonment. The court found him guilty of contempt for deliberately ignoring a divorce order made in August 2020. The man had agreed to pay R18,000 per child in monthly maintenance, with a 10% annual increase, and half of the children's medical expenses not covered by medical aid.
The couple married in July 2000 and have two children, with their marriage ending in August 2020 after the woman instituted divorce proceedings. As part of their settlement agreement, the man was required to transfer shares in a company owning the family home into his ex-wife's name and pay maintenance. However, he failed to meet his obligations, prompting his former wife to approach the court for a contempt order. The woman also complained about the man's failure to transfer the shares.
Judge Mkhabela found that the man's failure to honour his financial obligations could not be excused by his claims of unaffordability. The judge said the man's deliberate disregard for the divorce settlement agreement warranted imprisonment if he continued to disregard the order. Mkhabela added that the man's conduct amounted to wilful and bad-faith non-compliance, beyond reasonable doubt.
The man opposed the application, arguing that he could not afford the maintenance payments and that the settlement agreement should not be enforced because he had not properly considered it when signing. He also argued that the agreement made no provision requiring him to transfer the Mercedes-Benz into his former wife's name. However, Mkhabela dismissed his arguments, saying he could have approached the court to have the maintenance order varied if his financial circumstances had changed.
The court rejected the argument that the dispute should first have been referred to mediation, with Mkhabela stating that mediation provisions in the settlement agreement related to disputes about parental rights and responsibilities, not the deliberate violation of a court order. The judge warned that avoiding maintenance obligations was particularly serious because it undermined the best interests of children.
The court granted the contempt application on May 12, 2026, and ordered the man to pay the costs of the application on a punitive attorney-and-own-client scale. The judge emphasised that the man's deliberate disregard for the court order could not be tolerated, and that he had chosen not to seek a variation of the order and instead deliberately ignored it.
The man's failure to comply with the court order may result in a direct term of imprisonment. The court also ordered him to sign documents transferring a Mercedes-Benz GLE to his ex-wife and settle an outstanding Absa bond account of R728,417.20. The man's case highlights the consequences of failing to meet financial obligations, particularly when it comes to maintenance payments.
Key points
- The man faces imprisonment for failing to pay over R2.3m in maintenance to his ex-wife.
- The court ruled that the man's deliberate disregard for the divorce settlement agreement warranted imprisonment.
- The man's failure to comply with the court order may result in a direct term of imprisonment.
