The court found that Andrei Potgieter had driven his ex wife and child into poverty, by missing more than R1.2 million in payments over four years.
A maintenance defaulter has lost his appeal against the four-and-a-half-year prison sentence he was slapped with in 2018, in what’s believed to be the first case of its kind in South Africa to see someone jailed. In July 2018, the Krugersdorp Magistrates Court found businessman Andrei Potgieter guilty of contravening the Maintenance Act, after he had missed a total of more than R1.2 million worth of payments over a four-year period.
In July 2018, the Krugersdorp Magistrates Court found businessman Andrei Potgieter guilty of contravening the Maintenance Act, after he had missed a total of more than R1.2 million worth of payments over a four-year period.franchises at one stage – and his now ex-wife, Louise Nell, divorced in August 2012, they reached a settlement agreement which provided for maintenance for both her and the couple’s now 25-year-old son, Keegan.
At trial, his defence was that he could not afford to pay because he had sold his business to his new fiancée. But in the end, the court didn’t buy it and he was convicted and sentenced to an effective four-and-a-half years behind bars. “[Potgieter’s] conduct drove his child and erstwhile wife into poverty. This, in the context where he had agreed and obtained an order to the effect that he would pay maintenance for [Nell] and his child. [His] case is aggravated by the fact that throughout the proceedings, including after conviction, he showed no remorse,” they said.
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