Can I be Criminally Charged For Failure To Pay Maintenance As Per Court Order?

Yes, you can!

The courts have once again warned that those who do not pay maintenance will feel the long arm of the law. On 12 August 2021 ordered a father and well-known businessman to report to jail within five days to start serving a jail sentence.

The Krugersdorp Magistrate’s Court earlier convicted him on two charges of contravening the Maintenance Act for failure to pay maintenance towards his former wife and their child.

The man, in his fifties, was sentenced to three years in jail on each of the two counts, but the court ordered that he had to serve four and a half years in total. Aggrieved by the outcome, he unsuccessfully applied to the court for leave to appeal both his convictions and sentence.

In desperation, he petitioned the South Gauteng High Court in Johannesburg for leave to appeal, but he was only granted permission to appeal against his sentence. He also applied to the Supreme Court of Appeal for permission to appeal against his convictions, but nothing had come of this appeal.

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