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South Africa: South Gauteng High Court, Johannesburg
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2023
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[2023] ZAGPJHC 1016
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T.W.R v A.P.R (2022-15109) [2023] ZAGPJHC 1016 (11 September 2023)
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IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO:
2022-15109
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
11/09/23
In the matter between:
T
W R
(Born
N)
(IDENTITY
NUMBER:[…])
APPLICANT
And
A
P R
(IDENTITY
NUMBER:[…])
RESPONDENT
JUDGMENT
WRIGHT J
1. The applicant
woman and the respondent man are in the process of divorce. They have
a ten year old daughter. The applicant
seeks Rule 43 relief pending
the divorce.
2. The applicant
seeks an order that the matter be referred to the Family Advocate,
and that pending the report of the Family
Advocate the respondent be
allowed reasonable access to the girl who stays with her mother. She
alleges that the respondent has
a drinking problem and has driven the
daughter on occasion while drunk.
3. The respondent
denies this.
4. In my view, the
Family Advocate should investigate and report.
5. The applicant
seeks also that the respondent pays R5 000 pm for the child as
well as bond instalments on the jointly
owned house in which the
respondent lives, municipal accounts, home repairs and arrear
municipal accounts. The respondent lives
in the house but the
applicant and the daughter do not. In my view the respondent should
pay these expenses.
6. The applicant is
an accountant who earns a net R 26 000 per month. She receives a
thirteenth cheque. She has an interest
in a business which paid her
R15 000 in August 2022.
7. The respondent
is a policeman earning a net R19 000 pm. He gets a thirteenth
cheque once a year of R27 000 tax
free. He supplements his
income on off days by delivery items and makes an amount which can’t
be determined as there is money
which goes into his account sometimes
but the papers do not disclose the source.
8. Both parties
have considerable debt and little by way of assets. Both drive cars.
The jointly owned house is bonded leaving
a net value of perhaps
R130 000.
9. The respondent
says that he can afford R2 500 per month for the child and R200
per week for the child’s school
fees.
10. In my view, the
respondent should pay, in addition to the costs of the jointly owned
house in which he lives, R3000 per month
for the child and he should
place the child on his medical aid. The applicant has handed up a
draft order which sets out the detail
of the relief claimed. I agree,
save that the R5 000 for the child per month should be R3 000
per month.
ORDER
1. X as amended -
ORDER
GC Wright
Judge of the High
Court
Gauteng Division,
Johannesburg
HEARD
: 11 September 2023
DELIVERED
: 11 September 2023
APPEARANCES
:
APPLICANT
Adv CJ Smith
083 309 7487
cjsmith123@gamil.com
Instructed by Yosef
Shishler Attorneys
010 599 5950
RESPONDENT
Adv
Instructed by SW
Khalishwayo Attorneys
011 845 4777
wiseman@wisemanlaw.co.za