A Johannesburg father will spend the next two weekends in prison until he completes his 14-day sentence following his failure to pay spousal maintenance to his wife.

The Gauteng High Court (Johannesburg) yesterday ruled that CM will work during the week and will go to prison for weekends.

His periodical incarceration comes after his wife – RM – brought a Rule 43 application for interim maintenance pending the finalisation of the divorce.

IoL reports that the couple are married in community of property and have been embroiled in a long divorce litigation which was instituted in 2018.

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, he didn’t follow the order, and his partner launched another application to have him arrested for contempt of the court order.

On 19 June, 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. 

IoL reports that RM subsequently launched an urgent application to have him sent to prison.

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. 

‘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 Liebenberg.

The Department of Correctional Services will determine where CM will be held.

Full IoL report

See also full Pretoria News report in The Star