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[2024] ZAGPJHC 246
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D.D v L.M (A2023/69927) [2024] ZAGPJHC 246 (7 March 2024)
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REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH
AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NUMBER
:
A2023-69927
1.
Reportable: No
2.
Of interest to other judges: No
3.
Revised
Wright
J
7
March 2024
In the matter between:
D[...]
D[...]
Appellant
And
L[...] J[...]
M[...]
Respondent
CIVIL APPEAL - JUDGMENT
WRIGHT J
[1]
The appellant is the father of a girl who
is now eight years old. The respondent is the mother. The parties
never married each other.
The appellant is married and he supports
his wife, mother, sister and a young child. The appellant is a
doctor.
[2]
The appellant seeks to amend his grounds of
appeal as per a notice dated 1 November 2023. The respondent objects
by notice. She
does so mainly on the grounds of lack of
particularity. In my view, the amendment should be granted in
the interests of allowing
the matter fully to be ventilated.
[3]
The respondent is unemployed. She worked
for Mango Airlines but was retrenched in October 2021. She received a
package of R185 000
but has only R20 000 left. The
respondent lives with her parents.
[4]
The respondent applied for and obtained a
maintenance order in the Magistrate’s Court in Daveyton. This
related only to her
child. After an inquiry at which the parties
testified, the Magistrate ordered the appellant to pay R5 000 pm
for the child
as well as R1 000 pm towards medical aid. The
appellant was ordered to pay the school fees for the child and R4 000
per
year for clothing.
[5]
The appellant has a successful medical
practice. In the year to 2022 he made a nett R4.45 million. The
appellant lives an expensive
lifestyle. The appellant says that he
runs his medical practice through a company of which he is sole
director. He says that this
separating of his business from his
personal life and accounts should be relevant to his alleged
inability to pay maintenance.
This is wrong in law. How the appellant
arranges his finances has nothing to do with his duty to pay for his
child according to
her needs and his ability.
[6]
The appeal is wholly without merit.
[7]
At this hearing, there was no appearance
for the respondent. Accordingly, each side shall carry their own
costs.
ORDER
1.
The grounds of appeal are amended as per
the appellant’s notice dated 1 November 2023.
2.
Relating to the amendment, the parties are
to pay their own costs.
3.
The appeal is dismissed.
4.
Each side to pay their own costs in the
appeal.
WRIGHT J
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, JOHANNESBURG
I agree
TWALA J
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, JOHANNESBURG
Heard
on: 7
March 2024
Delivered
on: 7
March
2024
Appearances:
For the Appellant:
Adv A Bleki
ableki@rsabar.com
076 482 3869
Instructed by:
L Gcolotela
Inc
info@lgcolotelainc.co.za
078 058 2699
For the Respondent:
No appearance
Instructed by:
NKONYANE ATTORNEYS
INC
makhosazane@nkonyane.co.za
lethabo@nkonyane.co.za
010 007 5228