S v Kgonyana (2005) JOL 14522 (T)
Main Issue: Contravention of maintenance order and legality of maintenance order as the “father” had undertaken to maintain the child even though he was not its father.
Findings: The accused had undertaken to maintain the child even though he was not his father and this undertaking was converted into a court order. Court held that there is a mistake in that the proceedings should have been converted into an enquiry as such a court order cannot be made in terms of Act 99 of 1998. Therefore conviction is set aside and matter referred back for enquiry.