Article by: Durban Attorney: FAWZIA KAHN NAME
Ignoring a court order isn’t just risky—it’s a fast track to jail.
The Johannesburg High Court has made that crystal clear. A husband who failed to pay interim maintenance to his wife has been sentenced to 14 days behind bars—served in chunks, from Friday 15h00 to Sunday 15h00, until the full term is done.
This couple’s divorce battle has dragged on since 2018. Along the way, the wife secured interim maintenance through a Rule 43 application, requiring her husband to cover certain monthly expenses. He didn’t.
She took him back to court—this time for contempt. In June 2023, the court agreed: he was in contempt and sentenced to 14 days in prison. But there was a lifeline—the sentence was suspended for 30 days, giving him a chance to comply.
He didn’t take it.
Still unpaid and out of patience, the wife returned to court. She asked not only for his imprisonment but also for a drastic order: full disclosure of his pension interests—or failing that, 100% control of those funds. Her plan? Invest the money, draw monthly maintenance from it, and settle the balance at divorce.
The court wasn’t convinced. That request clashed with the Pension Funds Act, so it was denied.
But on contempt? No debate.
The court made it clear: the only question was whether to activate the suspended sentence.
The husband argued financial hardship, blaming COVID for damaging his business. The court wasn’t persuaded—he hadn’t even tried to legally reduce his maintenance obligations.
The message from the bench was blunt: repeated disobedience is unacceptable. It disrespects both the spouse and the court itself.
The result? Jail time—served on weekends until the full 14 days are completed.
Bottom line: A court order is not a suggestion. Ignore it, and the consequences will catch up with you.
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