CCT18/02

2002] ZACC 31

2003 (2) BCLR 111 (CC)

2003 (2) SA 363 (CC)

Mokgoro J

7 November 2002

20 December 2002

http://hdl.handle.net/20.500.12144/2153

Constitutional Court granted special leave to appeal against a judgment and order of the Supreme Court of Appeal, setting aside a contempt order made by the High Court in Bannatyne v Bannatyne 2003(2) SA 359 (SCA).

Unanimous judgment by Mokgoro J. Enforcement of Maintenance Court maintenance orders by High Courts is competent as appropriate relief and when carried out should seek to implement the best interests of the child principle. Courts should also bear in mind the systemic failures of the maintenance system.