A Pretoria ex-wife who was found to be in contempt of a court order made during her divorce, has been sentenced to 30 days imprisonment if she doesn’t comply with the order within 14 days.
This comes after Ludwick Pani Mphela, dragged his ex-wife, Anna Thandi Masanabo, back to the North Gauteng High Court in Pretoria following her failure to comply with the order that was made when their divorce was finalised on August 11, 2022.
According to court papers, it was agreed that Masanabo will retain a Toyota Yaris vehicle but she should pay Mphela 50% of the market value.
It was further agreed that the furniture forming part of the joint estate will be retained by Masanabo.
However, Masanabo failed to collect the furniture and Mphela subsequently took it to a storage place where he had to pay R900 every month from July 2023. He paid for the storage for over a year.
He also learned that Masanabo decided to sell the car but she failed to give him his share.
Disenchanted, Mphela sought relief at the high court declaring Masanabo guilty of contempt of court and he also wanted her to serve time in prison for a period deemed fit by the court.
In her defence, she raised different excuse for the non-compliance with the order and denied that she was in contempt of the court.
Judge J Mokose noted that Masanabo’s answers were not addressing the matter brought to court, instead, she was denying that she failed to comply with the court order.
“I am of the view that the respondent (Masanabo) has failed to take this court into her confidence and in fact, I am of the view that the respondent's conduct is wilful in that she has attempted to mislead the court with the evidence furnished and not dealt with the matter on hand,’’ said judge Mokose.
Judge Mokose ruled in favour of the ex-husband and said Masanabo is sentenced to serve 30 days in prison which is suspended for a period of one year on condition that she complies with the order within 14 days.
Masanabo was also ordered to pay the costs of the application.
sinenhlanhla.masilela@iol.co.za
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