(Regulation Gazette No.
Under section 47 of the Maintenance Act, 1998 (Act No. 99 of 1998), I hereby fix 26 November 1999 as the date on which the said Act, with the exception of section 5 and section 7(1)(d) and (2), shall come into operation.
Given under my Hand and the Seal of the Republic of South Africa at Pretoria this third day of November, One thousand Nine hundred and Ninety-nine. T.M.
The Minister of Justice has, under section 44 of the Maintenance Act, 1998 (Act No. 99 of 1998), made the regulations in the Schedule.
"sheriff" means a person appointed under section 2(1)of the Sheriffs Act, 1986 (Act No.
"the Act" means the Maintenance Act, 1998 (Act No. 99 of 1998).
Any complaint that any person legally liable to maintain any other person fails to maintain the latter person, contemplated in section 6(1)(a) of the Act, shall substantially correspond with Form A of the Annexure.
A complaint for the substitution or discharge of a maintenance order, contemplated in section 6(1) (b) of the Act, shall substantially correspond with Form B of the Annexure.
appear on a specific time and date before him or her; and produce to him or her on the date of appearance information relating to the complaint and documentary proof of the information, if applicable.
(2)(a) A direction contemplated in subregulation (1) may be given in the manner the maintenance officer deems fit.
The maintenance officer shall keep record of the manner in which the direction was given.
Any person who fails to comply with a direction contemplated in subregulation (1) shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding six months.
for the person in whose favour a maintenance order is to be or was made as well as the person against whom a maintenance order may be or was made, shall substantially correspond with Part A of Form CI of the Annexure; and for other witnesses, shall substantially correspond with Part A of Form CII of the Annexure.
Part B of Form CI of the Annexure shall be. completed by the opposing party.
The service of a subpoena referred to in subregulation (1) shall be in accordance with the provisions of regulation 26(1).
A subpoena to the person against whom a maintenance order may be or was made must be accompanied by a document in the form set out in Form G of the Annexure.
subregulation 1 (b) shall substantially correspond with Part B of Form CII of the Annexure.
His or her reasonable actual expenses if he or she of necessity has to hire accommodation for the night.
has to make use of railway transport to attend the enquiry, he or she shall be issued with a rail warrant for a return ticket for the class in which presumably he or she would ordinarily travel or such other class as a maintenance officer may deem appropriate, and the decision of the maintenance officer in this respect shall be final; or makes use of railway transport without a rail warrant having been issued to him or her, an amount equal to the fare at government rate shall be paid to him or her: Provided that if a maintenance officer is satisfied that the payment of such amount would in any particular instance be unreasonable, he or she may order that an amount equal to the actual fair be paid to the person.
Whenever suitable railway transport is not available and a person against whom a maintenance order may be made makes use of any other means of public transport to attend the enquiry, an amount equal to the fare for the forward and return journey along the shortest convenient route shall be paid to him or her: Provided that if more than one such other means of public transport is available, the fair for the least expensive thereof shall be paid.
Whenever suitable public transport is not available and a person against whom a maintenance order may be made makes use of his or her own or hired transport to attend the enquiry, an amount for the forward and return journey along the shortest convenient route shall be paid, calculated at 50c per kilometre in respect of a motor vehicle, excluding a motorcycle, and at 42c per kilometre in respect of a motorcycle or any other means of conveyance.
Whenever suitable public transport is available and a person against whom a maintenance order may be made makes use of his or her own or hired transport to attend the enquiry, the amount referred to in subparagraph (d) may be paid for a forward and return journey not exceeding 300 kilometres: Provided that if a maintenance officer is satisfied that the circumstances in a particular instance justify the use of transport other than public transport for a distance in excess of 300 kilometres, he or she may order that the amount referred to in subparagraph (d) or such lesser amount as may be deemed equitable in the circumstances be paid for such longer distance, and the decision of a maintenance officer in this respect shall be final.
If a maintenance officer is satisfied that the use of such transport is warranted, he or she may grant approval for a person against whom a maintenance order may be made to make use of air transport at government expense to attend the enquiry.
A statement in writing by a person, other than a person against whom a maintenance order may be made, contemplated in section 12(1) of the Act, shall be signed by the person who made it; and contain a declaration by such person to the effect that it is true to the best of his or her knowledge and belief and that he or she made the statement knowing that he or she may be guilty of an offence if he or she willfully stated anything therein which he or she knew to be false.
If the person who makes a statement in terms of subregulation (1) cannot read such statement, the statement shall be read to him or her by the person taking down the statement before the statement is signed by the person making the statement; and be endorsed by the person who so read the statement to the effect that it was read.
A notification, contemplated in section 12(2)(c) of the Act, to the person against whom a maintenance order may be or was made requiring his or her consent for the admission of a statement as evidence, shall substantially correspond with Form D of the Annexure.
Any order of a court made under Chapter 4 of the Act, excluding an order contemplated in section 17 or 18 of the Act, shall substantially correspond with Form E of the Annexure.
(1)(a) A notice, contemplated in section 16(3)(a) of the Act, to any person who is obliged by any contract to pay money on a periodical basis to a person against whom a maintenance order has been made, shall substantially correspond with Part A of Form F of the Annexure.
The service of a notice referred to in paragraph (a) shall be in accordance with the provisions of regulation 26(1) or (2), as the case may be.
The return of service of a notice referred to in paragraph (a), if such notice is served in accordance with the provisions of regulation 26(1), shall substantially correspond with Part B of Form F of the Annexure.
(2)(a) A notice, contemplated in section 16(3)(b) of the Act, by a person referred to in subregulation (1) and who has been discharged from his or her contractual obligation, shall substantially correspond with Part C of Form F of the Annexure.
A notice referred to in paragraph (a) shall be submitted to the maintenance officer of the court where the maintenance order was made in any manner convenient to the relevant person, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
The consent of a person against whom a maintenance order may be made, contemplated in section 17 of the Act, shall substantially correspond with Part A of Form G of the Annexure.
Any order made in accordance with the consent referred to in subregulation (1) shall substantially correspond with Part B of Form G of the Annexure.
The return of a maintenance officer, police officer, sheriff or maintenance investigator showing that a copy of an order by consent referred to in subregulation (2) was delivered or tendered to the person who consents to the maintenance order, shall substantially correspond with Part C of Form G of the Annexure.
An order by default, contemplated in section 18(1) of the Act, shall substantially correspond with Part A of Form H of the Annexure.
A notice to the person against whom an order by default, referred to in subregulation (1), was made shall substantially correspond with Part B of Form H of the Annexure.
The return of a maintenance officer, police officer, sheriff or maintenance investigator showing that a copy of an order by default referred to in subregulation (1) was delivered or tendered to the person against whom the order was made, shall substantially correspond with Part C of Form H of the Annexure.
(4)(a) An application for the variation or setting aside of an order by default, contemplated in section 18(4)(b) of the Act, shall substantially correspond with Part A of Form I of the Annexure.
A notice of an application for the variation or setting aside of an order by default, contemplated in section 18(4)(c) of the Act, to the person in whose favour such order was made, shall substantially correspond with Part B of Form I of the Annexure.
A person who applied for the variation or setting aside of an order by default shall submit a notice referred to in paragraph (b) to the person in whose favour the order was made in any manner convenient to him or her, subject thereto that the person who submits it the notice shall keep record of the manner in which the notice was submitted.
the person in whose favour the maintenance order has been made; and the person on whom a notice referred to in section 16(3)(a) of the Act has been served, of the variation or the setting aside of the order by a notice which shall substantially correspond with Form J of the Annexure.
The maintenance officer shall keep record of the manner in which the notice referred to in subregulation (1) was submitted.
in the case of an order substituting a maintenance order, record the particulars of the new order on the order which is being substituted; and in the case of an order discharging a maintenance order, record on the order which is being discharged that the order has been discharged.
The clerk of the court where a maintenance order was issued shall, when the maintenance order is to be transferred in terms of section 23(1) of the Act retain certified copies of all orders or judgements, including previous amended orders, and documents with regard to the record of payment which are applicable to the particular case; and send by registered post all the original documents referred to in paragraph (a) to the clerk of the maintenance court where the person in whose favour the maintenance order was made resides.
On receipt of the maintenance order referred to in subregulation (1), the clerk of the maintenance court shall register the order by numbering it with the following consecutive number for maintenance cases for the year during which it was received.
15.(1) An appeal in terms of section 25 of the Act shall be noted within 20 days of the date of the order appealed against and a cross-appeal shall be noted within seven days of the noting of the first-mentioned appeal.
An appeal or cross-appeal shall be noted by delivery, within the period prescribed in subregulation (1) to the clerk of the maintenance court concerned and to the other party, of a notice stating whether the whole or part only of the order is appealed against and, if a part only, then what part; and the grounds of appeal, specifying the findings of facts or rulings of law appealed against.
his or her reasons for any ruling on any question of law or for the admission or rejection of any evidence so specified as appealed against.
(a) The clerk of the maintenance court concerned shall, notwithstanding the provisions of regulation 24(3) (b), if the proceedings at an enquiry were taken down or recorded in shorthand or by mechanical means and an appeal has been noted, forthwith cause the shorthand notes or the mechanical record of the proceedings to be transcribed.
The person who noted an appeal shall bear the costs of the transcription contemplated in paragraph (a): Provided that if the maintenance officer is satisfied that such person is unable to pay the costs, the costs or part of it shall be paid by the State.
After an appeal has been noted in terms of subregulation (1) the appeal shall be prosecuted as if it were an appeal against the decision of a magistrate in a civil matter and the rules regulating the conduct of the proceedings of the several provincial and local divisions of the High Court in so far as they relate to civil appeals from the magistrates' courts shall, with the necessary changes, apply to any such appeal.
The clerk of the maintenance court shall transmit the record of the proceedings at the enquiry, certified by the presiding officer as a true record of proceedings, or a transcription of any shorthand notes or mechanical record of such proceedings, certified as prescribed by regulation 24(3)(c), to the registrar of the division of the High Court concerned within seven days of the receipt by him or her of a notice that the appeal has been set down for hearing.
If the person in whose favour a maintenance order may be or was made notes an appeal or cross-appeal, as the case may be, and he or she cannot afford legal representation he or she shall inform the clerk of the maintenance court accordingly.
within seven days of the receipt by him or her of a notice that the appeal has been set down for hearing notify the Director of Public Prosecutions concerned accordingly.
an order for the attachment of emoluments; or an order for the attachment of any debt, contemplated in section 26(2)(a) of the Act, shall substantially correspond with Form K of the Annexure.
substantially correspond with Form L of the Annexure; and be prepared in triplicate.
The person in whose favour the order was made shall prepare Part A of Form L of the Annexure and thereafter lodge the said form with the clerk of the maintenance court concerned.
On receipt of the warrant of execution referred to in subregulation (2) the clerk of the maintenance court shall issue the warrant of execution if he or she is satisfied that authorisation for the issuing of a warrant of execution was granted; and the warrant of execution has been properly prepared, by preparing Part B of Form L of the Annexure.
The clerk of the maintenance court shall after the warrant of execution has been issued return the original warrant of execution and one copy thereof to the person in whose favour the order was made; and file the second copy of the warrant of execution in the relevant file.
Any change on the warrant of execution shall be initialled by the clerk of the maintenance court.
The person authorised to execute a warrant of execution shall complete Part C and, if applicable, Part D of Form L of the Annexure and return the form to the clerk of the maintenance court.
A maintenance investigator or maintenance officer shall submit to the person in whose favour the order was made particulars of the person authorised to execute the warrant of execution.
An application for the setting aside of a warrant of execution by a person against whom such warrant has been issued, contemplated in section 27(3) of the Act, shall substantially correspond with Part A of Form M of the Annexure.
(2)(a) A notice of an application for the setting aside of a warrant of execution, contemplated in section 27(6)(a) of the Act, shall substantially correspond with Part B of Form M of the Annexure.
A person who applied for the setting aside of a warrant of execution shall submit the notice referred to in paragraph (a) to the person in whose favour the warrant of execution was issued in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
An application for the suspension, amendment or rescission of an order for the attachment of emoluments, contemplated in section 28(2) (a) of the Act, shall substantially correspond with Part A of Form N of the Annexure.
A notice of an application for the suspension, amendment or recission of an order for the attachment of emoluments, contemplated in section 28(2)(b) of the Act, shall substantially correspond with Part B of Form N of the Annexure.
A person who applied for the suspension, amendment or recission of an order for the attachment of emoluments shall submit the notice referred to in paragraph (a) to the person in whose favour the order for the attachment of emoluments was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
(3)(a) A notice, contemplated in section 29(1) of the Act, to an employer shall substantially correspond with Part A of Form O of the Annexure.
The return of service of a notice referred to in paragraph (a), if the notice is served in accordance with the provisions of regulation 26(1), shall substantially correspond with Part B of Form O of the Annexure.
A notice, contemplated in section 29(2) of the Act, by the employer that the person against whom the order for the attachment of emoluments was made has left his or her service, shall substantially correspond with Part C of Form O of the Annexure.
The notice referred to in paragraph (a) shall be submitted to the maintenance officer of the court where the order was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
An application for the suspension, amendment or rescission of an order for the attachment of debts, contemplated in section 30(2) of the Act, shall substantially correspond with Part A of Form P of the Annexure.
A notice of an application for the suspension, amendment or recission of an order for the attachment of debts, contemplated in section 30(2) of the Act, shall substantially correspond with Part B of Form P of the Annexure.
A person who applied for the suspension, amendment or recission of an order for the attachment of debts shall submit a notice referred to in paragraph (a) to the person in whose favour the order for the attachment of debts was made in any manner convenient to him or her, subject thereto that the person who submits the notice shall keep record of the manner in which the notice was submitted.
A complaint regarding a failure to make a payment in accordance with a maintenance order shall substantially correspond with Form Q of the Annexure.
The clerk of the court shall submit a certified copy of an order made by the court in terms of section 40 of the Act to the clerk of the civil court for registration of such order.
register the order referred to in subregulation (1) by numbering it with the following consecutive case number for the year during which it is registered; and inform the maintenance officer of the maintenance court where the maintenance order was made and the person in whose favour the order was made of the registration and the number of the case.
The provisions of the Act relating to civil execution shall, with the necessary changes, apply in respect of the execution of an order referred to in subregulation (1).
any maintenance order, including any provisional maintenance order as defined in the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act No. 80 of 1963) and the Reciprocal Enforcement of Maintenance Order (Countries in Africa) Act, 1989 (Act No.
any evidence given at the enquiry and of any objection to any evidence given or tendered at the enquiry and of any ruling by the court; and the proceedings generally.
The maintenance court shall mark each document put in evidence and note such mark on the record.
The statement by an officer presiding at an enquiry referred to in regulation 15(3) shall become part of the record.
(3)(a) The proceedings at an enquiry shall be recorded by the officer presiding at the enquiry or by any person appointed or designated thereto by the court, either generally or specially for the purpose of a particular enquiry, to take down or record the proceedings in shorthand or by mechanical means.
No shorthand notes or mechanical record of the proceedings shall be transcribed unless an officer designated to preside in the court concerned otherwise directs.
Any shorthand notes or any transcription thereof or any mechanical record of the proceedings shall be certified as true notes of such proceedings or as a true transcription of such notes or record by the person taking down such notes or making such record or transcription, as the case may be, and any such transcription shall thereupon become part of the record of the proceedings.
No person other than an officer in the Public Service, a person against whom a maintenance order has been or is to be made, a person in whose favour a maintenance order has been or is to be made, or the legal representative of any such person shall have access to any record referred to in this regulation, except with the leave of the presiding officer then holding office in the court in which the enquiry is to be or was held.
The record of the proceedings at a maintenance enquiry shall be accessible on payment of the fees prescribed in Table E of Annexure 2 to the Magistrates' Courts Rules.
file one photograph in the relevant maintenance file; and attach the other photograph to the relevant maintenance cards, if such a system is in use or appropriately deal with such other photograph in the manner he or she deems fit.
The maintenance officer may make a photograph of a person against whom the maintenance court has made a maintenance order available to any person exercising or performing any power, duty or function in terms of the Act.
The photographs of a person against whom the maintenance court has made a maintenance order shall become part of the maintenance record.
in the case of a juristic person, at its registered office or main place of business within the area of jurisdiction of the court concerned, to a director or a responsible employee thereof.
A police officer, sheriff or maintenance investigator shall, on request by the person on whom a document is served, exhibit to him or her the original of the document.
Where the person upon whom a document is to be or may be served keeps his or her residence or place of business closed and thereby prevents the police officer, sheriff or maintenance investigator from serving the document, it shall be sufficient to affix a copy thereof to the outer or principal door or security gate of such residence or place of business, or to place such copy in the postbox at such residence or place of business.
A notice referred to in regulation 9(1)(b) or 20(3)(b) shall be served by the maintenance officer or maintenance investigator upon the person referred to in the said notice by handing a copy of the notice to the said person personally and endorsing the original notice to this effect; or sending the notice by facsimile to the said person, in which case proof thereof must be kept, and by sending a copy of the notice by registered post to the said person.
These regulations shall be called the Regulations relating to Maintenance, and shall come into operation on 26 November 1999.
Part A must be completed by the person in whose favour the order was made.
Part B must be completed by the clerk of the maintenance court.
Parts C and D must be completed by the person authorised to execute this warrant.