A KZN businessman who defaulted on payments on his children’s school fees, monthly rental and their medical aid premiums, told the court he was unable to make some of the payments due to lack of funds.

However, The Star reports KZN High Court (Durban) Acting Judge R Singh was not convinced with his argument, after it came out that he incurred unnecessary and luxurious expenses ranging from regular purchases of liquor and cannabis to branded clothing, frequent restaurant and takeaway purchases, holidays and spa treatments.

His attorney tried to explain away the extravagant expenses by submitting that some were for the minor children and he was entitled to luxuries. Singh said his luxuries should not trump his obligations to obey the law and fulfil his responsibilities. 

‘Sitting as upper guardian of minor children, the court will not tolerate failure to meet maintenance obligations in respect of minor children.’

In May 2021, the wife brought a rule 43 application seeking interim maintenance for her and the children. The man was ordered to pay R15 750 monthly maintenance in respect of the wife and their children.

He was directed to sign a 12-month lease agreement with the landlord in respect of the property occupied by the wife and children and also pay for the rent, children’s educational expenses and cover the wife and minor children’s medical aid premiums.

In June 2023, the wife went back to court to have the husband held in contempt of court and sentenced.

In response, he admitted he was in arrears with the rental but argued he could no longer afford to pay it.

The acting judge sentenced the father to 30 days imprisonment which is wholly suspended for a period of three years on condition that he settles the debts regarding rent and school fees.

Full report in The Star

Judgment