The Constitutional Court has expressed dismay at a divorced father who failed to honour his child maintenance obligations and ignored court rulings.
The man is now set to have his house sold in execution of his debt towards the child.
The ConCourt yesterday dismissed an application for leave to appeal by the man, known as SS, against a 2015 high court judgment which ordered that his house be sold in execution of a R306000 maintenance debt.
The Constitutional Court did not hear the merits of the man's appeal, despite sitting on two occasions, because he did not fully comply with its order made in August that he make payments towards the maintenance of the child.
In October last year, the man also requested the child - now aged nine - undergo a paternity test. The results showed with 99.999994% certainty that he was the father.
The parents married in 2007 but a divorce order was granted in 2010. The child was born in 2008. In terms of the divorce order, the man was to pay R2500 per month towards the maintenance of the child, and also pay half of school fees, text books, extramural activities, uniforms and medical expenses.
The man stopped paying maintenance towards the end of 2012 and his debt rose to R306000 in 2014.
In 2015, the mother brought an application before the North Gauteng High Court in Pretoria seeking to execute against the man's immovable property to satisfy the debt. In August 2015, the high court ordered the execution against the man's property.
The man's application for leave to appeal was dismissed by the Supreme Court of Appeal, resulting in the man approaching the Constitutional Court for relief. When the matter was heard on August 29 last year, it emerged that the man had not paid maintenance since 2014.
The court postponed the matter until November and ordered the man to pay at least R150000 before September 30 and additional monthly payments. When the hearing resumed in November, the man had paid R150000 but did not pay the additional monthly payments as ordered.
A unanimous judgment penned by Acting Justice Jody Kollapen said: "Those interests [of justice] will not be best served and will be undermined if the [man] is allowed to proceed and deal with the merits of the appeal in the absence of him remedying his conduct by complying with the August order.
"It will dilute the potency of the judicial authority and send a chilling message to litigants that orders of court may well be ignored with no consequence."
Papgeld offender loses his house
Image: 123rf
The Constitutional Court has expressed dismay at a divorced father who failed to honour his child maintenance obligations and ignored court rulings.
The man is now set to have his house sold in execution of his debt towards the child.
The ConCourt yesterday dismissed an application for leave to appeal by the man, known as SS, against a 2015 high court judgment which ordered that his house be sold in execution of a R306000 maintenance debt.
The Constitutional Court did not hear the merits of the man's appeal, despite sitting on two occasions, because he did not fully comply with its order made in August that he make payments towards the maintenance of the child.
In October last year, the man also requested the child - now aged nine - undergo a paternity test. The results showed with 99.999994% certainty that he was the father.
The parents married in 2007 but a divorce order was granted in 2010. The child was born in 2008. In terms of the divorce order, the man was to pay R2500 per month towards the maintenance of the child, and also pay half of school fees, text books, extramural activities, uniforms and medical expenses.
The man stopped paying maintenance towards the end of 2012 and his debt rose to R306000 in 2014.
In 2015, the mother brought an application before the North Gauteng High Court in Pretoria seeking to execute against the man's immovable property to satisfy the debt. In August 2015, the high court ordered the execution against the man's property.
The man's application for leave to appeal was dismissed by the Supreme Court of Appeal, resulting in the man approaching the Constitutional Court for relief. When the matter was heard on August 29 last year, it emerged that the man had not paid maintenance since 2014.
The court postponed the matter until November and ordered the man to pay at least R150000 before September 30 and additional monthly payments. When the hearing resumed in November, the man had paid R150000 but did not pay the additional monthly payments as ordered.
A unanimous judgment penned by Acting Justice Jody Kollapen said: "Those interests [of justice] will not be best served and will be undermined if the [man] is allowed to proceed and deal with the merits of the appeal in the absence of him remedying his conduct by complying with the August order.
"It will dilute the potency of the judicial authority and send a chilling message to litigants that orders of court may well be ignored with no consequence."
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