T.W.R v A.P.R (2022-15109) [2023] ZAGPJHC 1016 (11 September 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2023 >> [2023] ZAGPJHC 1016 | Noteup | LawCite sino index ## T.W.R v A.P.R (2022-15109) [2023] ZAGPJHC 1016 (11 September 2023) T.W.R v A.P.R (2022-15109) [2023] ZAGPJHC 1016 (11 September 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_1016.html sino date 11 September 2023 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG CASE NO: 2022-15109 NOT REPORTABLE NOT OF INTEREST TO OTHER JUDGES REVISED 11/09/23 In the matter between: T W R (Born N) (IDENTITY NUMBER:[…]) APPLICANT And A P R (IDENTITY NUMBER:[…]) RESPONDENT JUDGMENT WRIGHT J 1.  The applicant woman and the respondent man are in the process of divorce. They have a ten year old daughter. The applicant seeks Rule 43 relief pending the divorce. 2.  The applicant seeks an order that the matter be referred to the Family Advocate, and that pending the report of the Family Advocate the respondent be allowed reasonable access to the girl who stays with her mother. She alleges that the respondent has a drinking problem and has driven the daughter on occasion while drunk. 3.  The respondent denies this. 4.  In my view, the Family Advocate should investigate and report. 5.  The applicant seeks also that the respondent pays R5 000 pm for the child as well as bond instalments on the jointly owned house in which the respondent lives, municipal accounts, home repairs and arrear municipal accounts. The respondent lives in the house but the applicant and the daughter do not. In my view the respondent should pay these expenses. 6.  The applicant is an accountant who earns a net R 26 000 per month. She receives a thirteenth cheque. She has an interest in a business which paid her R15 000 in August 2022. 7.  The respondent is a policeman earning a net R19 000 pm. He gets a thirteenth cheque once a year of R27 000 tax free. He supplements his income on off days by delivery items and makes an amount which can’t be determined as there is money which goes into his account sometimes but the papers do not disclose the source. 8.  Both parties have considerable debt and little by way of assets. Both drive cars. The jointly owned house is bonded leaving a net value of perhaps R130 000. 9.  The respondent says that he can afford R2 500 per month for the child and R200 per week for the child’s school fees. 10. In my view, the respondent should pay, in addition to the costs of the jointly owned house in which he lives, R3000 per month for the child and he should place the child on his medical aid. The applicant has handed up a draft order which sets out the detail of the relief claimed. I agree, save that the R5 000 for the child per month should be R3 000 per month. ORDER 1.  X as amended - ORDER GC Wright Judge of the High Court Gauteng Division, Johannesburg HEARD  :  11 September 2023 DELIVERED :  11 September 2023 APPEARANCES  : APPLICANT Adv CJ Smith 083 309 7487 cjsmith123@gamil.com Instructed by Yosef Shishler Attorneys 010 599 5950 RESPONDENT Adv Instructed by SW Khalishwayo Attorneys 011 845 4777 wiseman@wisemanlaw.co.za sino noindex make_database footer start