The parties were formerly married and divorced by order of the Pretoria High Court on 4 February 1999. By consent, the divorce order required the appellant to pay maintenance for the respondent and their minor children, retain them on his medical aid scheme, and pay certain medical expenses. The consent order recorded that both parties regarded the maintenance amounts as inappropriate and reserved the right to approach the maintenance court for reconsideration. The appellant subsequently applied to the maintenance court, which on 5 January 2000 issued a substituted order reducing the maintenance payable and retaining liability for medical costs, thereby replacing the High Court order. The appellant later fell into arrears, removed the children from his medical aid, and failed to pay certain medical expenses. The respondent unsuccessfully attempted to enforce the maintenance court order using statutory mechanisms under the Maintenance Act 99 of 1998, and then approached the High Court for an order committing the appellant to prison for contempt of the original High Court order. The High Court granted the committal order. It later emerged that the High Court order had been substituted by the maintenance court order, rendering the original High Court order unenforceable.