SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in
compliance with the law and SAFLII Policy
HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
CASE NO: 124145/2023
(1) REPORTABLE: NO.
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED.
DATE: 22 MAY 2024
SIGNATURE:
In the matter between:
L[...] M[...] G[...] Applicant
and
J[...] M[...] G[...] Respondent
In Re:
J[...] M[...] G[...] Plaintiff
and
L[...] M[...] G[...] Defendant
SHORT REASONS AND ORDER
RETIEF J
1. This Court has considered the matters as a whole taking into account the
documents presented in evidence as well as the Respondent’s formal tender in
terms of Uniform Rule 34 . This Court has considered both the needs of the
Applicant a nd the minor children [minors], the parties r espective abilities to
maintain themselves and the minors.
2. This Court to o, considered the content of the Applicant’s supplementary affidavit
relating to her changed circumstances, with the exclusion of allegations pertaining
to H[...] P[...] S[...]s therein as agreed between the parties.
3. The Court notes that the Respondent indicate s his income by way of his financial
disclosure form originating from M[...] R[...] South Africa as a net annual figure of R
841 128.00 (translates to approximately R 70 094.99) is indicated. In his answering
affidavit he confirms earning a monthly income of a net figure of R 66 85 428.63 .
However, from the attached bank statemen t taken over a period of two months,
deposits from M[...] R[...] South Africa, indicate an average of R 83 421.98 . The
discrepancies illustrated between the payments from M[...] R[...] South Africa are not
explained under oath. The Respondent too, appears to receive an amount of R 6400
being the total of rent and electricity received from a tenant who resides in the parties
previous common home.
4. The Court has taken into consideration the fact that the Respondent has failed to
specifically deal with his interests and potential income from his position as a Director
of H[...] P[...] S[...] (K[...]), H[...] P[...] S[...] Africa ( K[...]), his directorship and
ownership in I[...] S[...] S[...] (Pty) Ltd ( K[...]) and from an entity called High
performance [other entities] in his answering affidavit. The allegations made by the
Applicant regarding these other entities were simply brushed off by the Respondent.
He failed unapologetically to answer it and simply referred this Court to his financial
disclosure recording that he issue by virtue of the his financial disclosure and
calculations is moot. A totally misguided response . Nonetheless the Court
considered the financial disclosure searching for particularity. Nothing was
forthcoming, Part 8 and 10 of the financial disclosure not completed, albeit Part 8 as
marked “not applicable”. The Applicant’s allegation left wanting. As a direct result,
this Court makes a negative inference from the Respondent’s failure to be frank
about his interests, if any, in the other entities and the necessity to do so. The parties
are married in community of property and it is clear that not only the Applicant but ,
this Court is left in the dark pertaining to the factual position of the other entities. The
Respondent by his own hand has diluted the veracity of his allegations pertaining to
his financial means to support and possible shortfall.
5. It is common cause that the Respondent has always maintained the Applicant and
the minors
6. This Court has considered the pleadings in the main action to ascertain what the
triable issue are to be determined at trial including the claim for the division of the
joint estate when considering the Applicant’s claim for a contribution towards her
legal costs. The Respondent’s opposition noted as well as the absence thereof in
his formal tender.
7. Applying section 28 of the Constitution of South Africa, and the best interest right
of the minors, including the necessity to ensure the effect of an order in the parties
interest as a result of the divorce proceedings, the following:
THE FOLLOWING INTERIM ORDER IS MADE:
1. Leave is granted for the Applicant to tender her supplementary affidavit into
evidence, however, within the purview of the agreed limited issues.
2. That the Applicant and Respondent both retain full parental responsibilities
and rights in terms of section 18(2)(a), 19 and 20 of the Children’s Act, Act 38
of 2005, in respect of the two minor children.
3. That primary care and residency of the minor children , born of the marriage
between the Applicant and the Respondent vests with the Applicant.
4. That reasonable contact to the minor children be awarded to the Respondent
as follows:
4.1 The right to remove the minor children every alternative weekend
from Friday at 14:00 until Sunday at 17:00. Should the alternate
weekend form part of a long weekend the right to remove the
minor children from the first day upon which the long weekend
commences at 14:00 until 17:00 on the last day of the long
weekend, subject thereto that Easter weekend shall rotate yearly
between the parties;
4.2 The right to remove the minor children one afternoon in the week,
to be agreed upon between the parties, taking into account the
routine, activities and responsibilities of the minor children, from
16:00 to 18:00;
4.3 The right to remove the minor children for half of the available time
on each of the minor children’s birthdays, to be agreed upon
between the parties;
4.4 The right to remove the minor children on Applicant’s birthday by
the Applicant and on Respondent’s birthday by the Respondent if
it falls on a school day from 16:00 to 18:00 and if it falls on the
other party’s weekend from 09:00 to 17:00;
4.5 The right to remove the minor children on Father’s day by
Respondent and on Mother’s day by Applicant if the minor children
are with the other party for that weekend from 09:00 to 17:00;
4.6 The right to remove the minor children ever alternate public
holiday which does not form part of a long weekend and/or school
holiday;
4.7 The right to remove the minor children half of every long school
holiday and ever alternate short school holiday subject thereto that
the short school holiday shall rotate yearly between the parties. In
respect of the December holidays, the party with whom the minor
children will spend Christmas and New Year will rotate yearly;
4.8 The right to make telephonic or other electronic media contact with
the minor children at all reasonable times taking into account the
routine, school activities, school responsibilities and extramural
activities of the minor children.
5. That the Respondent be ordered to pay R 6 000.00 per month per child as
maintenance for the two minor children, directly to the Applicant. The first
payment to be paid immediate and thereafter on or before the 1 st of each
month.
6. That the Respondent be ordered to pay R 300.00 per month as maintenance
to the Applicant. The first payment to be paid immediately and thereafter on
or before the 1st of each month.
7. That the Respondent be ordered to retain the minor children and the
Applicant on the comprehensive medical aid scheme and pay the medical aid
premium and all reasonable medical expenses and excesses for the
Applicant and the minor children, not covered by the medical aid.
8. That the Respondent shall continue to pay the minor children’s school fees,
registration fees, extramural activities, aftercare fees, sport fees, school
excursions, stationary and all reasonable school related expenses and
school uniforms, extramural equipment and clothing, sport equipment and
clothing.
9. That the Respondent shall continue to pay for the insurance on the Mini
Cooper utilised by the Applicant and pay the license fees in respect thereof.
10. The Respondent is ordered to pay for the repairs, continual maintenance,
(including tyre /s) and the continual costs associated with the reasonable
services in respect of the Mini Cooper and in doing so, is to provide the
Applicant with an alternate and reliable vehicle, at his cost when the Mini
Cooper is not available as a result of it undergoing repairs and or
maintenance and or services.
11. The Respondent is ordered to arrange and to accept a quotation for new
tyres and to fully service of the Mini Copper in terms of prayer 10 hereof
within 3 (three) days hereof, and to pay the service provider for such tyres
and service thereafter accordingly.
12. The Respondent to pay an amount of R 3000 per month to the Applicant in
respect of the solar system installed on the Applicant’s revolving credit.
13. The Applicant and the minor children to reside in the previous common
home, which is to be made available to them as soon as practically possible,
the Respondent be ordered to continue payment of the following expenses:
13.1 the bond instalments in respect of the common home;
13.2 the water and lights, rates and taxes in respect of the common
home;
13.3 the householders’ and house owner’s insurance in respect of the
common home;
13.4 50% of the costs of the domestic worker in the employ at the
common home;
13.5 the Wi-Fi at the common home and provide Applicant with
unfettered access thereto;
13.6 that the Respondent will not interfere with and grant Applicant
unfettered access in respect of the geyser at the common home.
14. That the Respondent is ordered to contribute an amount of R 40 000.00
towards the Applicant’s legal fees which amount is payable in equal
instalments of R 10 000 .00 per month . The first payment being due and
payable on or before the first day of the month following date of this order
into an account so nominated by the Applicant.
15. The cost of the application is cost in the divorce action.
L RETIEF
Judge of the High Court
Gauteng Division, Pretoria
Date of Hearing: 13 May 2024
Reasons delivered: 21 May 2024
APPEARANCES
For the Applicant: Adv N Van Niekerk
Cell: 082 789 7702
Attorney for Applicant: Charl Lochner Attorneys, Pretoria
Tel: 082 378 7703 / 076 682 0792
Email: litigation@charllochner.co.za
For the Respondent: Adv L D Isparta
Cell: 0810425295
Email: louise.isparta@saadvocate.co.za
Attorneys for the Respondent: VFV Attorneys, Pretoria
Tel: 012 460 8704
Cell: 082 578 4666 / 072 648 3592
Email: hein@vfv.co.za / nicola@vfv.co.za