There is a Legal Responsibility on the Maintenance Magistrate and Maintenance Officer to actively partake and ensure that all relevant information is before the Court in a Maintenance Enquiry.
On 16 May 2019, Advocate Muhammad Abduroaf flew up from Cape Town to Port Elisabeth to argue a Child Maintenance Appeal. The Appeal was before the Full Bench of the Eastern Cape Division of the High Court of South Africa, held in Grahamstown. The matter was between Pumeza Ntisana and Thabo Mvubu. The Judges were Acting Justice S Rugumanan, and Justice I T Stretch. Advocate Abduroaf was instructed by Nicole Lawrence Attorneys of Cape Town. The appeal was argued on 17 May 2019.
The Court increased the maintenance from R 1000 – 00 per month to R 5000 – 00 with costs. A 500 percent increase. The case showcases the responsibilities of the Maintenance Magistrate and Maintenance Officer to play an active role in a maintenance enquiry.
Factual Background of the Case
This was an appeal in relation to a child maintenance award made by a magistrate in a maintenance enquiry in the Port Elizabeth Maintenance Court. The maintenance enquiry was concluded on 14 November 2017.
On 22 December 2017, the magistrate delivered his written judgment. Therein he made an order that the Respondent (the father) should pay child maintenance in the sum of R1 000 – 00 per month.
The mother was not happy with the award and appealed it. Advocate Abduroaf accordingly argued the matter before the Full Bench. Judgement was delivered on 06 August 2019.
Herewith is an extract of the Judgment where the Appeal court quoted Advocate Abduroaf:
At the end the Appeal court made the ruling in favour of the mother. As follows:
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