Bannatyne v Bannatyne (CGE, as amicus curiae) 2003 (2) SA 363 (CC) ; Bannatyne v Bannatyne (2003) SA 359 (SCA)

Bannatyne v Bannatyne (CGE, as amicus curiae) 2003 (2) SA 363 (CC) ; Bannatyne v Bannatyne (2003) SA 359 (SCA)

Findings: Upon the parties’ divorce, the court ordered the appellant to pay maintenance for the respondent and the minor children. Subsequently, the appellant obtained an order from the Maintenance Court that the amounts payable be reduced. That order replaced the high court order. When appellant fell into arrears, the respondent successfully approached the high court for order of contempt of order. Court held that the high court was not informed that its order had been replaced by one from the maintenance court, as the original court was no longer valid, the committal of the appellant to prison for contempt was not competent and appeal was upheld.