Pretoria – A husband who fell into arrears with his maintenance payments to his estranged wife and simply ignored orders for him to pay-up, will have to spend several weekends in jail.

The Gauteng High Court, Johannesburg, sentenced the man to 14 days’ imprisonment.

The man argued that his financially struggling company would suffer even more losses if he had to spend time in jail, away from work.

But Acting Judge Sarita Liebenberg said it was no problem, she would order that he only spend weekends in jail so that he would be back at work during the week.

The judge sentenced him to periodic imprisonment for 14 days and recommended to the Department of Correctional Services that the sentence be served on consecutive weekends, from Fridays starting at three in the afternoon to Sundays until three in the afternoon.

The parties, married in community of property, are in the throes of what appears to be unnecessarily drawn-out divorce litigation, the judge commented. Divorce proceedings were instituted five years ago and are still ongoing.

The wife earlier successfully approached the court for the husband to pay interim maintenance to her, pending the finalisation of the divorce. He was also ordered to pay an initial contribution towards her legal costs.

The husband simply ignored this order, and subsequently fell into arrears amounting to more than R100  000.

Fed-up with this, the wife obtained an order holding her estranged husband in contempt of court.

The husband was given a lifeline in June when the court sentenced him to 14 days in jail, but suspended the order if he paid the outstanding maintenance within 30 days.

While the husband did pay some of the arrears when he realised jail time was hanging over his head, he still short-changed his wife regarding the maintenance.

According to the husband, the Covid-19 pandemic had decimated his business.

While he did present financial statements to court, the judge said she was not satisfied that the outdated statements alone assist the husband’s case for leniency.

She pointed out that the husband was able to fulfil some of the conditions of the suspended sentence, including the late payment of the maintenance arrears due, an amount equal to more than 14 months of cash maintenance payable.

“Unfortunately, the respondent’s (husband) explanation of how he funded the (late) payment does not redound to his credit. Instead, it tends to support the applicant’s (wife) complaints that he is denuding the joint estate.”

The husband paid the arrears maintenance due from the proceeds of a retirement investment policy, which matured during July.

He explained that he took one-third of the proceeds – R400  000 – in cash, and the remaining two-thirds – R800  000.00 – were invested in what is called a “living annuity”.

This is a financial product that, in return for a cash payment, entitles the husband to periodic payments for so long as he remains alive.

Of the amount of R400  000 credited to his banking account, he paid the wife R130  556.50. This was done as the suspended sentence was hanging over his head. He did this by using money from their joint estate.

“Repeated disobedience cannot be countenanced, as it is an affront not only to the applicant but also to the court,” the judge said.

In pleading for his liberty, the husband’s lawyer said the court should rather impose a fine on the husband. As a last resort, the lawyer said, if he had to serve time, it should be done over weekends in the holding cells of a police station.

Judge Liebenberg turned down both ideas as she said the suggestion of a fine loses sight of the respondent’s pleas of poverty.

She also said she could not accede to the invitation to order the husband to be held in the holding cells of a local SAPS station. – Pretoria News

A Gauteng mother was arrested after a video of her kicking and trampling over her one-year-old child went viral on social media.

Gauteng police are investigating a case of assault with intent to cause grievous bodily harm following the incident.

The baby boy has been placed in the care of the Gauteng social development department.

The child’s father reported the mother to the police after coming across the video online.

The explicit 13-second video emerged on Saturday and shows someone kicking the child and stepping on his throat and chest as he lay on the ground.

The child’s father reported the mother to the Norwood police station in Johannesburg.

Gauteng police have since confirmed that they are investigating a case of assault with intent to cause grievous bodily harm.

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Gauteng police spokesperson Lieutenant Colonel Mavela Masondo said the mother appeared in the Johannesburg Magistrate’s Court on Monday.

“The mother was released, and matter not placed on the court roll as the SAPS was instructed to first collect both cellphones of both parents for further investigation,” he said.

Masondo said the child was placed in the care of the provincial social development department.

Gauteng Social Development, Agriculture, Rural Development and Environment MEC Mbali Hlophe said her department had moved swiftly to ensure the child’s removal and protection.

She added:

Working with our NPO, the Gauteng Department of Social Development has made arrangements to take the child to a children’s home, post his visit to a hospital where he received a full health assessment to verify the extent of injury from the ordeal. The child is currently in safe care, receiving treatment and care under the warm embrace of our childcare workers.

Hlophe said that even though the child was safe, he exhibited signs of trauma and spent most of his days crying.

She condemned the incident and called on residents to report cases of child abuse.

“We owe it to our children to create a safe and loving environment for them,” she said.

The matter is expected to be heard in the Children’s Court on Thursday.