Get out of jail free card for mom sentenced to 12 months in prison

The Pretoria high court has set aside the 12-month sentence it imposed on a mother who kept her child away from his father. 

The matter is set to return to court next month.

The high court had sentenced the mother to serve time at Kgosi Mampuru II prison earlier this month after it ruled that she was in contempt of two orders instructing visitation of the minor child by the father.

TimesLIVE Premium has, however, learnt that the mother was not in jail as her lawyers submitted an urgent application requesting the court to rescind its decision, which was granted.

In her application, she told the court she was not timeously notified of the proceedings about the matter and was only issued a notice of motion via email just after 9pm the night before the court date.

She says she only saw the email at 9am the following morning on her cellphone.

“Accordingly, I could not timeously respond to the application nor could reasonably have filed the notice to oppose the respondent’s application at that late stage. Although I tried to call my attorney in Witbank, his phone was off and I could therefore not do anything about the respondent’s application at that time.”

She said she received the court order for her imprisonment from her attorney, Koboro Jeffrey Selala at 2pm that afternoon. 

She was also surprised to learn that she was accused of keeping the child away from his father, alleging he had made no attempts to visit the minor since the first order was granted by judge LI Vorster in August 2021.

In an email, seen by TimesLIVE Premium, sent in November 2023, the mother pleaded with the father to visit their son.

“I am putting my pride aside and pleading with you to meet, connect, (and) communicate with your son. He’s a smart, smart young boy asking relevant questions about his dad, and I think I am tired of singing the same song to him, (saying) he is going to come see you or call you. I am tired of lying to him or making empty promises,” she said in the email.

She further told the court that the father could be staying away from his child due to bail conditions imposed on him in a criminal trial where he is ordered to stay away from his wife as she is a key witness in a case in which he is implicated. 

Selala told TimesLIVE Premium that the father is facing criminal charges for allegedly faking his wife’s death. The matter is set to be heard in March.

Meanwhile, the high court ruling that sentenced the mother to 12 months has been set aside pending the outcome of an application for rescinding of judgment by the mother, which will be heard on February 26.

While the initial ruling had ordered the mother to pay the father’s legal costs, the order that set aside her sentencing instructed the father to pay costs for the mother’s legal fees.