A Johannesburg father will spend consecutive weekends in prison until he completes his 14-day sentence following his failure to pay spousal maintenance to his wife.
The South Gauteng High Court ruled that CM will work during the week and will go to prison on Friday at 3pm till Sunday at 3pm.
His periodical incarceration comes after his wife, RM, brought a Rule 43 application for interim maintenance pending the finalisation of the divorce.
CM and RM are married in community of property and have been embroiled in a long divorce litigation which was instituted in 2018.
Their children are adults and self-supporting.
The main issue that has dragged on their divorce is the division of the joint estate and RM’s claim for maintenance when the divorce is finalised.
In May 2021, CM was ordered to contribute towards RM’s maintenance needs and also cover her legal costs.
However, CM didn’t follow the order, and RM launched another application to have CM arrested for contempt of the court order.
On June 19, 2023, he was convicted of contempt of the order and sentenced to 14 days imprisonment, which committal was suspended for the period pending the finalisation of the divorce on condition that he paid all outstanding arrears.
For the second time, CM failed to comply timeously or in full with the conditions laid down in the previous order.
Instead, he paid the arrears late and continued to short-pay the monthly cash amount.
RM launched an urgent application to have him sent to prison.
It was after this application that CM made payment regarding the arrears.
He paid RM a little over R130,000 with proceeds from a retirement investment policy that matured during or about July 2023.
However, his wife argued that the payment does not redound to his credit because this was money from the joint estate and he was denuding the joint estate.
Amongst other suggestions, CM’s legal representative suggested that he be sentenced to periodic imprisonment over weekends, and rather than in a correctional facility, he be held at the holding cells of a local SAPS station.
Acting judge Sarita Liebenberg said this was a reasonable alternative as it would allow him to conduct his business, earn an income, and pay his dues.
Regarding his imprisonment, the judge said she had no evidence whether CM could be accommodated in the holding cells.
The Department of Correctional Services will determine where CM will be held.
The judged added that it was regrettable that the divorce action has dragged on for as long as it has and has become a war of attrition, which does not serve the parties.
“After a marriage of nearly four decades, the parties owe each other and themselves peace in what are to be their retirement years. I urge both to seriously consider alternative dispute resolution before the capital in the joint estate is completely eroded,” said judge Liebenberg.
IOL