To restate and amend certain laws relating to maintenance.
The provisions of this Act shall apply in respect of the legal duty of any person to maintain any other person, irrespective of the nature of the relationship between those persons giving rise to that duty.
This Act shall not be interpreted so as to derogate from the law relating to the liability of persons to maintain other persons.
Every magistrate's court shall within its area of jurisdiction be a maintenance court for the purposes of this Act.
[NB: S. 3 has been substituted by s. 10 (2) of the Jurisdiction of Regional Courts Amendment Act 31 of 2008, a provision which will come into operation on 9 August 2010. See PENDLEX.
(a) Any public prosecutor to whom a Director of Public Prosecutions has delegated the general power to institute and conduct prosecutions in criminal proceedings in a particular magistrate's court shall be deemed to have been appointed as a maintenance officer of the corresponding maintenance court.
building a more dedicated and experienced pool of trained and specialised maintenance officers.
The Minister shall cause a copy of any policy directions issued in terms of paragraph (b) to be tabled in Parliament as soon as possible after the issue thereof.
to exercise or perform any power, duty or function conferred upon or assigned to maintenance officers by or under this Act.
appoint in the prescribed manner and on the prescribed conditions one or more persons, as maintenance investigators of a maintenance court to exercise or perform any power, duty or function conferred upon or assigned to maintenance investigators by or under this Act.
[Sub-s. (1) substituted by s. 9 of Act 22 of 2005.
The Minister shall take all reasonable steps within the available resources of the Department of Justice to achieve the progressive realisation of the appointment of at least one maintenance investigator for each maintenance court.
[Date of commencement of s. 5: 1 November 2006.
that good cause exists for the substitution or discharge of a maintenance order, has been made and is lodged with a maintenance officer in the prescribed manner, the maintenance officer shall investigate that complaint in the prescribed manner and as provided in this Act.
After investigating the complaint, the maintenance officer may institute an enquiry in the maintenance court within the area of jurisdiction in which the person to be maintained, or the person in whose care the person to be maintained is, resides with a view to enquiring into the provision of maintenance for the person so to be maintained.
require a maintenance investigator of the maintenance court concerned to perform such other functions as may be necessary or expedient to achieve the objects of this Act.
[Date of commencement of para. (d): 1 November 2006.
[Date of commencement of para. (a): 1 November 2006.
[Date of commencement of para. (b) in so far as it relates to the service of process of any maintenance court: 1 November 2006.
[Date of commencement of para. (c): 1 November 2006.
[Date of commencement of para. (e): 1 November 2006.
gather such information as may be relevant concerning a request referred to in subsection (1) (c).
[Date of commencement of para. (f): 1 November 2006.
the financial position of any person affected by such liability.
(a) The provisions of sections 162, 163, 164 (1), 165, 179 to 181, 187, 191 and 204 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall, with the necessary changes, apply in respect of the examination of any person under this section.
If the person who is required to appear before a magistrate furnishes the information in question to the satisfaction of the maintenance officer concerned in advance of the day on which he or she is required so to appear, the maintenance officer shall discharge him or her from the obligation so to appear.
The examination of any person under this section may be conducted in private at a place designated by the magistrate.
to produce any book, document or statement.
in the case where such person is in the service of an employer, a statement which gives full particulars of his or her earnings and which is signed by the employer.
(a) Any person to be subpoenaed as a witness shall, subject to paragraph (b), be subpoenaed in the manner in which a person may be subpoenaed to appear before a magistrate's court in a criminal trial.
The form of the subpoena shall be as prescribed.
The provisions of section 181 of the Criminal Procedure Act, 1977 (Act 51 of 1977), are, subject to section 11 (2), not applicable to any person against whom a maintenance order may be made under this Act.
The maintenance court holding an enquiry may at any time during the enquiry cause any person to be subpoenaed as a witness or examine any person who is present at the enquiry, although he or she was not subpoenaed as a witness, and may recall and re-examine any person already examined.
Where circumstances permit and where a Family Advocate is available, a maintenance court may, in the circumstances as may be prescribed in the Mediation in Certain Divorce Matters Act, 1987 (Act 24 of 1987), at any time during the enquiry, cause an investigation to be carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987, in whose area of jurisdiction that maintenance court is, with regard to the welfare of any minor or dependent child affected by such enquiry, whereupon the provisions of that Act apply with the changes required by the context.
[Sub-s. (1A) inserted by s. 16 of Act 55 of 2003.
The maintenance court shall administer an oath to, or accept an affirmation from, any witness appearing before the maintenance court and record the evidence of that witness.
Any party to proceedings under this Act shall have the right to be represented by a legal representative.
No person whose presence is not necessary shall be present at the enquiry, except with the permission of the maintenance court.
Save as is otherwise provided in this Act, the law of evidence, including the law relating to the competency, compellability, examination and cross-examination of witnesses, as applicable in respect of civil proceedings in a magistrate's court, shall apply in respect of the enquiry.
Any person, other than a person against whom a maintenance order may be made under this Act, attending the enquiry as a witness shall be entitled to an allowance as if he or she were attending criminal proceedings as a witness for the State.
shall be paid such allowance as may be paid to a witness for the accused in criminal proceedings.
In connection with the giving of evidence or the production of any book, document or statement at the enquiry, the law relating to privilege, as applicable to a witness giving evidence or subpoenaed to produce a book, document or statement in criminal proceedings in a magistrate's court, shall apply.
In the enquiry a statement in writing made in the prescribed manner by any person, other than a person against whom a maintenance order may be made under this Act, shall, subject to subsection (2), be admissible as evidence to the same extent as oral evidence to the same effect by the person concerned.
(a) A copy of the statement, together with a copy of every document referred to in the statement as an exhibit, shall at least 14 days before the date on which the statement is to be submitted as evidence, be served on the person against whom a maintenance order may be made under this Act, and he or she may at least seven days before the commencement of the enquiry object to the statement being submitted as evidence under this section.
does not object in accordance with paragraph (a) or come to an arrangement with the maintenance officer before or during the enquiry that the statement may be submitted as evidence, such statement may on its production at the enquiry be admitted as evidence in the enquiry.
When the statement is served on the person, such statement shall be accompanied by the prescribed notification in writing.
Any person against whom a maintenance order may be made under this Act may before or during the enquiry come to an arrangement with the maintenance officer that any statement referred to in subsection (1), notwithstanding the fact that it was not served on him or her in terms of subsection (2), be submitted as evidence, whereupon such statement may on its production at the enquiry be admitted as evidence in the enquiry.
Any document referred to as an exhibit and identified in a statement in writing submitted as evidence under this section shall be treated as if it had been handed in as an exhibit and identified in the maintenance court by the person who made the statement.
Subject to the provisions of subsection (2), the maintenance court holding an enquiry may take into consideration any evidence in any proceedings in respect of an existing maintenance order or accept as prima facie proof any finding of fact in any such proceedings.
any copy or transcription thereof or extract therefrom certified as a true copy, transcription or extract by a person who purports to be the registrar or clerk of the court or other officer having the custody of the records of the court in the Republic where the order in question was issued, shall on its production at the enquiry be admissible as evidence.
The provisions of section 236 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall, with the necessary changes, apply in respect of the enquiry.
Without derogating from the law relating to the liability of persons to support children who are unable to support themselves, a maintenance order for the maintenance of a child is directed at the enforcement of the common law duty of the child's parents to support that child, as the duty in question exists at the time of the issue of the maintenance order and is expected to continue.
The duty extends to such support as a child reasonably requires for his or her proper living and upbringing, and includes the provision of food, clothing, accommodation, medical care and education.
that the duty exists, irrespective of whether a child is born in or out of wedlock or is born of a first or subsequent marriage.
Any amount so determined shall be such amount as the maintenance court may consider fair in all the circumstances of the case.
As from the commencement of this Act, no provision of any law to the effect that any obligation incurred by a parent in respect of a child of a first marriage shall have priority over any obligation incurred by that parent in respect of any other child shall be of any force and effect.
make no order.
in the case of subparagraph (iii), after referring to the evidence at the trial, that it is not impracticable in the circumstances of the case.
[Para. (a) substituted by s. 17 of Act 55 of 2003.
that convicts any person of an offence referred to in section 31 (1) shall make such order whether or not any penalty is imposed in respect of that offence or any order is made under section 40 (1).
(a) In order to give effect to an order referred to in subsection (2), the maintenance officer shall, within seven days after the day on which such order was made or whenever it is afterwards required, in the prescribed manner cause a notice, together with a copy of such order, to be served on any person who is obliged under any contract to pay any sums of money on a periodical basis to the person against whom the maintenance order has been made directing the former person to make the payments specified in the notice at the times and in the manner so specified.
Whenever the person on whom the notice has been served, is for any reason discharged from the obligation of paying any such sums of money, he or she shall, within seven days after the day on which he or she is so discharged, give notice thereof in the prescribed manner to the maintenance officer of the court where the maintenance order in question was made.
The person on whom the notice has been served shall give priority to the payments specified in that notice over any order of court requiring payments to be made from any other moneys due to the person against whom the maintenance order has been made.
If any person against whom a maintenance order has been made under subsection (1) (a) (i) or (b) (i) changes his or her place of residence or employment during the currency of the maintenance order, he or she shall, within seven days after the day of such change, give notice thereof in writing to the maintenance officer of the court where the maintenance order was made, and, if payment in terms of that order is to be made to any person, officer, organisation or institution, then also to the person, officer, organisation or institution to whom payment is to be made and shall state fully and clearly where his or her new place of residence or employment is situated.
Any order referred to in section 16 (1) (a) or (b) may be made against any person not present at the enquiry, if it is made in accordance with his or her consent in writing handed in by the maintenance officer at the enquiry.
A copy of an order made against any person not present at the enquiry shall be delivered or tendered to him or her by any maintenance officer, police officer, sheriff or maintenance investigator, and the return of any such officer, sheriff or investigator showing that such copy was delivered or tendered to the particular person shall be deemed to be sufficient proof of the fact that he or she was aware of the terms of the order in question.
that he or she has failed to appear before the maintenance court on the date and at the time specified in such subpoena, the maintenance court may, on the application of the maintenance officer for an order by default, call upon the person who has lodged the complaint to adduce such evidence, either in writing or orally, in support of his or her complaint as the maintenance court may consider necessary.
A copy of an order made against any person not present at the enquiry shall be delivered or tendered, as soon as may be practicable in the circumstances, to him or her by any maintenance officer, police officer, sheriff or maintenance investigator, and the return of any such officer, sheriff or investigator showing that such copy was delivered or tendered to the particular person shall be deemed to be sufficient proof of the fact that he or she was aware of the terms of the order in question.
(a) The person against whom a maintenance court has made an order by default may apply to the maintenance court for the variation or setting aside of the order.
The application shall be made in the prescribed manner within 20 days after the day on which the person became aware of the order by default or within such further period as the maintenance court may, on good cause shown, allow.
Any person who wishes to make an application under paragraph (a) shall give notice of his or her intention to make the application to the person who lodged the complaint, which notice shall be served at least 14 days before the day on which the application is to be heard.
the person who has lodged the complaint to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary.
set aside such order by default, if it appears to the maintenance court that good cause exists for such setting aside, and convert the proceedings into a maintenance enquiry.
(a) Any person in whose favour an order by default has been made may consent in writing to the variation or setting aside of the order.
The consent in writing shall be handed in at the hearing of the application for the variation or setting aside of the order by default.
if the maintenance court has made an order referred to in section 16 (2), set aside that order, and the maintenance officer shall, in the prescribed manner, inform the person required to pay, the person in whose favour the maintenance order has been made or the person on whom a notice referred to in section 16 (3) (a) has been served, as the case may be, of any variation or setting aside of the order in question.
The maintenance court holding an enquiry may, having regard to the conduct of the persons involved in the enquiry so far as it may be relevant, make such order as the maintenance court may consider just relating to the costs of the service of process.
that such mother or such person or both such mother and such person are unable to pay the costs involved in the carrying out of such scientific tests, the maintenance officer may at any time during the enquiry in question, but before the maintenance court makes any order under section 16, request the maintenance court to hold an enquiry referred to in subsection (2).
the other circumstances which should in the opinion of the maintenance court be taken into consideration.
set aside such provisional order or substitute therefor any order which the maintenance court may consider just relating to the payment of the costs involved in the carrying out of the scientific tests in question.
discharges a maintenance order under section 16 (1) (b), the maintenance order shall cease to be of force and effect, and the maintenance officer shall forthwith give notice of the decision to the registrar or clerk of the court in the Republic where the maintenance order was issued or where the sentence concerned was imposed, as the case may be, who shall deal with the relevant records or registers in the prescribed manner.
Subject to the directions prescribed in connection with the transfer of maintenance orders, the maintenance officer may, in writing, direct the clerk of the court where a maintenance order was made to transmit the maintenance order, together with the prescribed records, to the clerk of the maintenance court within the area of jurisdiction of which the person in whose favour the maintenance order was made, or the person in whose care that person is, resides.
On receipt of the maintenance order, the clerk of the maintenance court shall register such maintenance order in the prescribed manner.
Any maintenance order registered in terms of subsection (2) shall for the purposes of this Act be deemed to be a maintenance order made under section 16 by the maintenance court where the order has been so registered.
Save as is otherwise provided in this Act, any order or direction made by a maintenance court under this Act shall have the effect of an order or direction of the said court made in a civil action.
Any order made under section 16 (1) (a) (ii), 20 or 21 (4) shall have the effect of a civil judgment of the maintenance court concerned and shall be executed as provided in Chapter 5.
Any person aggrieved by any order made by a maintenance court under this Act may, within such period and in such manner as may be prescribed, appeal against such order to the High Court having jurisdiction.
On appeal, the High Court or the Supreme Court of Appeal, as the case may be, may make such order in the matter as it may think fit.
Notwithstanding anything to the contrary contained in any law, an appeal under this section shall not suspend the payment of maintenance in accordance with the maintenance order in question, unless the appeal is noted against a finding that the appellant is legally liable to maintain the person in whose favour the order was made.
to make any provisional maintenance order under section 16 by virtue of the provisions of any other law.
[Para. (a) substituted by s. 18 (a) of Act 55 of 2003.
by the attachment of any debt as contemplated in section 30.
for an order for the attachment of any debt referred to in section 30 (1).
[Para. (a) substituted by s. 18 of Act 42 of 2001 and by s. 18 (b) of Act 55 of 2003.
a statement under oath or affirmation setting forth the amount which the person against whom such order was made has failed to pay.
if that maintenance court has made an order referred to in section 16 (2).
Notwithstanding anything to the contrary contained in any law, any pension, annuity, gratuity or compassionate allowance or other similar benefit shall be liable to be attached or subjected to execution under any warrant of execution or any order issued or made under this Chapter in order to satisfy a maintenance order.
The maintenance court may, on the application of a person referred to in section 26 (2) (a), authorise the issue of a warrant of execution against the movable property of the person against whom the maintenance or other order in question was made and, if the movable property is insufficient to satisfy such order, then against the immovable property of the latter person to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the execution.
executed in the prescribed manner by the sheriff or maintenance investigator.
The person in whose favour the maintenance or other order in question was made shall be assisted by the maintenance investigator or, in the absence of a maintenance investigator, by the maintenance officer in taking the prescribed steps to facilitate the execution of the warrant.
A maintenance court may, on application in the prescribed manner by a person against whom a warrant of execution has been issued under this section, set aside the warrant of execution if the maintenance court is satisfied that he or she has complied with the maintenance or other order in question.
for the attachment of any debt referred to in section 30 (1).
the other circumstances which should, in the opinion of the court, be taken into consideration.
(a) Any person who wishes to make an application under subsection (3) or (4) shall give notice in the prescribed manner of his or her intention to make the application to the person in whose favour the maintenance or other order in question was made, which notice shall be served at least 14 days before the day on which the application is to be heard.
the person in whose favour the maintenance or other order in question was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary.
when such court suspends the warrant of execution under section 27 (4) (b), make an order for the attachment of any emoluments at present or in future owing or accruing to the person against whom the maintenance or other order in question was made to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the attachment or execution, which order shall authorise any employer of the latter person to make on behalf of the latter person such payments as may be specified in the order from the emoluments of the latter person until such amount, interest and costs have been paid in full.
(a) An order under this section may at any time, on good cause shown, be suspended, amended or rescinded by the maintenance court.
Any person who wishes to make an application for the suspension, amendment or rescission of an order under this section shall give notice in the prescribed manner of his or her intention to make the application to the person in whose favour that order was made, which notice shall be served at least 14 days before the day on which the application is to be heard.
the person in whose favour an order under this section was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary.
In order to give effect to an order for the attachment of emoluments referred to in section 28 (1), the maintenance officer shall, within seven days after the day on which such order was made by the maintenance court or whenever it is afterwards required, in the prescribed manner cause a notice, together with a copy of such order, to be served on the employer concerned directing that employer to make the payments specified in the notice at the times and in the manner so specified.
Whenever any person to whom the notice relates leaves the service of the employer, that employer shall, within seven days after the day on which he or she so leaves the service, give notice thereof in the prescribed manner to the maintenance officer of the court where the order in question was made.
Any employer on whom a notice has been served for the purposes of satisfying a maintenance order shall give priority to the payments specified in that notice over any order of court requiring payments to be made from the emoluments due to the person against whom that maintenance order was made.
If any employer on whom a notice has been served for the purposes of satisfying a maintenance order has failed to make any particular payment in accordance with that notice, that maintenance order may be enforced against that employer in respect of any amount which that employer has so failed to pay, and the provisions of this Chapter shall, with the necessary changes, apply in respect of that employer, subject to that employer's right or the right of the person against whom that maintenance order was made to dispute the validity of the order for the attachment of emoluments referred to in section 28 (1).
when such court suspends the warrant of execution under section 27 (4) (b), make an order for the attachment of any debt at present or in future owing or accruing to the person against whom the maintenance or other order in question was made to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the attachment or execution, which order shall direct the person who has incurred the obligation to pay the debt to make such payment as may be specified in that order within the time and in the manner so specified.
Any person who wishes to make an application for the suspension, amendment or rescission of an order under this section shall give notice of his or her intention to make the application to the person in whose favour that order was made, which notice shall be served at least 14 days before the day on which the application is to be heard.
An order made under subsection (1) may be enforced as if it were a civil judgment of the court.
Subject to the provisions of subsection (2), any person who fails to make any particular payment in accordance with a maintenance order shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year or to such imprisonment without the option of a fine.
If the defence is raised in any prosecution for an offence under this section that any failure to pay maintenance in accordance with a maintenance order was due to lack of means on the part of the person charged, he or she shall not merely on the grounds of such defence be entitled to an acquittal if it is proved that the failure was due to his or her unwillingness to work or misconduct.
If the name of a person stated in a maintenance order as the person against whom the maintenance order has been made corresponds substantially to the name of the particular person prosecuted for an offence under this section, any copy of the maintenance order certified as a true copy by a person who purports to be the registrar or clerk of the court or other officer having the custody of the records of the court in the Republic where the maintenance order was made, shall on its production be prima facie proof of the fact that the maintenance order was made against the person so prosecuted.
If a person has been convicted of an offence under this section, the maintenance officer may, notwithstanding anything to the contrary contained in any law, furnish that person's personal particulars to any business which has as its object the granting of credit or is involved in the credit rating of persons.
The provisions of sections 164 (2), 188 and 189 of the Criminal Procedure Act, 1977 (Act 51 of 1977), shall, with the necessary changes, apply in respect of a person required to appear before a magistrate under section 8, and the magistrate may, subject to subsection (2), exercise in respect of that person all the powers conferred by section 170 (2) of the said Act and the said section 189 on the court referred to in those sections.
A person who is required to appear before a magistrate and who refuses or fails to furnish the information in question shall not be sentenced to imprisonment as contemplated in section 189 of the Criminal Procedure Act, 1977, unless the magistrate is also of the opinion that the furnishing of such information is necessary for the administration of justice.
The provisions of sections 188 and 189 of the Criminal Procedure Act, 1977 (Act 51 of 1977) shall, with the necessary changes, apply in respect of a person subpoenaed under section 9 or 10 (1) to appear before a maintenance court or who is present at a maintenance enquiry, and the maintenance court holding the enquiry may exercise in respect of that person all the powers conferred by section 170 (2) of the said Act and the said section 189 on the court referred to in those sections.
Any person who, after having been sworn or having affirmed as a witness, wilfully gives false evidence before the maintenance court, knowing the evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable on conviction to the penalties which may in law be imposed for perjury.
Any person who makes a statement which is admitted as evidence under section 12 and who in such statement wilfully and falsely states anything which, if sworn, would have constituted perjury, shall be guilty of an offence and liable on conviction to the penalties which may in law be imposed for perjury.
Any person who is requested by a maintenance investigator or a maintenance officer to furnish information in the performance of the maintenance investigator's or maintenance officer's functions under this Act, and who wilfully furnishes information which he or she knows to be false or does not know or believe to be true, shall be guilty of an offence and liable on conviction to the penalties which may in law be imposed for perjury.
Any person who wilfully interrupts the proceedings at a maintenance enquiry or who wilfully hinders or obstructs the maintenance court in the performance of the maintenance court's functions at the enquiry shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
Save as is otherwise provided in subsection (3), no person shall publish in any manner whatsoever the name or address of any person under the age of 18 years who is or was involved in any proceedings at a maintenance enquiry or the name of his or her school or any other information likely to reveal the identity of that person.
Any person who contravenes a provision of subsection (1) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
If the Minister or the officer presiding at the maintenance enquiry is of the opinion that the publication of information in respect of a particular person under the age of 18 years would be just and in his or her interest, the Minister or such officer may in writing dispense with the prohibition contained in subsection (1) to the extent so specified.
Any person who, except for the purposes of performing his or her functions under this Act or when required to do so by any court or under any law, discloses to any other person any information acquired by that person in the performance of that person's functions under this Act shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding twelve months or to both such fine and such imprisonment.
refuses or fails to give notice to a maintenance officer as required by section 16 (3) (b) or 29 (2), shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
Any person who refuses or fails to give notice of any change of his or her place of residence or employment as required by section 16 (4) shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding six months.
A court with civil jurisdiction convicting any person of an offence under section 31 (1) may, on the application of the public prosecutor and in addition to or in lieu of any penalty which the court may impose in respect of that offence, grant an order for the recovery from the convicted person of any amount he or she has failed to pay in accordance with the maintenance order, together with any interest thereon, whereupon the order so granted shall have the effect of a civil judgment of the court and shall, subject to subsection (2), be executed in the prescribed manner.
if the court so decides, authorise the issue of a warrant of execution against the movable or immovable property of the convicted person in order to satisfy such order.
Notwithstanding anything to the contrary contained in any law, any pension, annuity, gratuity or compassionate allowance or other similar benefit shall be liable to be attached or subjected to execution under an order granted under this section.
the enforcement of any sentence suspended on condition that the convicted person make periodical payments of sums of money towards the maintenance of any other person, it appears to the court that it is desirable that a maintenance enquiry be held, or when the public prosecutor so requests, the court shall convert the proceedings into such enquiry.
The prescribed record of the proceedings at a maintenance enquiry shall be kept and shall be accessible to such persons on such conditions as to payment of fees or otherwise as may be prescribed.
All fees shall be prescribed in consultation with the Minister of Finance.
A maintenance court may, at the request of the maintenance officer, direct that two photographs be taken of the person against whom the maintenance court has made a maintenance order.
The photographs shall be dealt with by the maintenance officer in the prescribed manner.
in general, as to any matter which the Minister may consider necessary or expedient to prescribe in order that the objects of this Act may be achieved.
The Minister shall cause a copy of regulations made under this section to be tabled in Parliament as soon as possible after the publication thereof.
Regulations made under this section may prescribe penalties for any contravention thereof or failure to comply therewith not exceeding imprisonment for a period of three years.
Any regulation made under this section which may result in financial expenditure for the State shall be made in consultation with the Minister of Finance.
Notwithstanding the repeal of any law by subsection (1), anything done under any such law and which could be done under a provision of this Act, shall be deemed to have been done under such provision.
the rules which were made under the said Act and were in force immediately before the commencement of this Act and which are not inconsistent with this Act shall continue in force until they are repealed, withdrawn or amended by regulations made under section 44.
of the rules made under section 6 of the Rules Board for Courts of Law Act, 1985 (Act 107 of 1985), in respect thereof, shall, in so far as those provisions are not inconsistent with this Act or are not otherwise clearly inappropriate, apply in respect of the execution of maintenance or other orders of maintenance courts as if those provisions had been made under the said section 44 (1) (d) or (e), and any execution of any maintenance or other order of a maintenance court commenced under those provisions immediately before the coming into operation of the said regulations shall continue and be disposed of under those provisions.
This Act shall be called the Maintenance Act, 1998, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
'Save to the extent permitted by this Act, the Income Tax Act, 1962 (Act 58 of 1962), and the Maintenance Act, 1998, no benefit provided for in the rules of a registered fund (including an annuity purchased or to be purchased by the said fund from an insurer for a member), or right to such benefit, or right in respect of contributions made by or on behalf of a member, shall, notwithstanding anything to the contrary contained in the rules of such a fund, be capable of being reduced, transferred or otherwise ceded, or of being pledged or hypothecated, or be liable to be attached or subjected to any form of execution under a judgment or order of a court of law, or to the extent of not more than three thousand rand per annum, be capable of being taken into account in a determination of a judgment debtor's financial position in terms of section 65 of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and in the event of the member or beneficiary concerned attempting to transfer or otherwise cede, or to pledge or hypothecate, such benefit or right, the fund concerned may withhold or suspend payment thereof:'.
The repeal of the whole.
Reciprocal Enforcement of Maintenance Orders Act, 1963 1.
'"maintenance order" means any order, other than an order of affiliation, for the payment, including the periodical payment, by any person of sums of money towards the maintenance of any other person whom he or she is liable to maintain in accordance with the law of the country in which the order is made;'.
'(5) The provisions of sections 11, 33 and 35 of the Maintenance Act, 1998, shall mutatis mutandis apply in respect of any enquiry held under this section.'.
Any maintenance order registered under section 3 or confirmed under section 4 shall for the purposes of sections 16 (2) to (4), 31, 38 and 40 of the Maintenance Act, 1998, be deemed to be a maintenance order made under that Act by the maintenance court where the order has been so registered or confirmed: Provided that in a prosecution for a contravention of the said section 31 in respect of an order registered under section 3, the provisions of section 41 of the said Act shall not apply.'.
'(1) Notwithstanding anything to the contrary in any law contained, an enquiry may be held under the Maintenance Act, 1998, in the absence of any person resident in a proclaimed country who may be legally liable to maintain any person in the Republic, provided the evidence of all witnesses at the enquiry is read over to and signed by them.'
'(4) Upon confirmation of a provisional maintenance order in terms of this section, it shall be deemed to be an order made under paragraph (a) or (b) of section 16 (1) of the Maintenance Act, 1998, as the case may be, by the court which made the provisional order.'.
'(1) No pension or benefit payable under this Act, and no right in respect of any such pension or benefit, shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section 26 or 40 of the Maintenance Act, 1998, be liable to be attached or subject to any form of execution under a judgment or order of a court of law.'.
'(c) any contravention of any provision of section 31 (1) of the Maintenance Act, 1998, or of such provision as applied by any other law;'.
'(1) No annuity or benefit or right in respect of an annuity or benefit payable under a pension law shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section 26 or 40 of the Maintenance Act, 1998, be liable to be attached or subjected to any form of execution under a judgment or order of a court of law.'.
The repeal of so much of the Schedule as relates to the Maintenance Act, 1963.
Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989 1.
'"maintenance order" means any order for the payment, including the periodical payment, by any person of sums of money towards the maintenance of any other person whom the first-mentioned person is liable to maintain in accordance with the law of the country in which the order is made;'.
'(1) Notwithstanding anything to the contrary in any law contained, an enquiry may be held under the Maintenance Act, 1998, in the absence of any person resident in a designated country who may be legally liable to maintain any person in the Republic, provided the evidence of all witnesses at the enquiry is read over to and signed by them.'.
'(6) The provisions of sections 11, 33 and 35 of the Maintenance Act, 1998, shall apply mutatis mutandis in respect of any enquiry held under this section.'.
Any maintenance order registered under section 4 or confirmed under section 6 shall for the purposes of sections 16 (2) to (4), 31, 38 and 40 of the Maintenance Act, 1998, be deemed to be a maintenance order made under section 16 (1) of the said Act by the maintenance court where the order has been so registered or confirmed: Provided that in a prosecution for a contravention of the said section 31 in respect of an order registered under section 4 of this Act, the provisions of section 41 of the said Act shall not apply.'.
When it appears to any court in the Republic that any person in respect of whom it has, before or after the commencement of this Act, made an order under section 16 (2) of the Maintenance Act, 1998, is resident in the Republic but is employed or is in receipt of a salary, wage or any other form of remuneration or allowance in a designed [sic] country, that court may transmit a certified copy of the record of the proceedings in which the order was made to the Director-General for transmission to the administrative head of the Department of Justice of such designated country.'.
'(3) Any order registered under subsection (1) and any notice issued under subsection (2), shall, for the purposes of sections 16 (3) (b) and (c) and 38 of the Maintenance Act, 1998, be deemed to be an order made under subsection (2) of section 16 of that Act and a notice issued under subsection (3) (a) of the said section 16, respectively.'.
'(1) Subject to the provisions of this Act and any rules made thereunder, the procedure and rules of evidence, including the competency, compellability, examination or cross-examination of witnesses, to be followed at or in connection with an enquiry under the Maintenance Act, 1998, shall, in so far as they can be applied, apply mutatis mutandis to enquiries under section 6 (4).'.
The repeal of sections 3 and 4.
Justice Laws Rationalisation Act, 1996 1.
'(1) Notwithstanding the provisions of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989 (Act 6 of 1989), or the coming into operation of the Constitution, any maintenance order registered in terms of section 4 of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989, or confirmed in terms of section 6 of that Act or under any corresponding law in force in any of the affected territories, shall continue to be in force, and shall be deemed to be a maintenance order made under section 16 (1) (a) (i) or (b) (i) of the Maintenance Act 1998, as the case may be, by the maintenance court where such order has been so registered or confirmed.'
'(2) Any maintenance order, or other order related thereto, made in any affected territory under any law repealed by this Act, shall continue to be in force, and shall be deemed to have been made under a corresponding provision of the Maintenance Act, 1998.'.
'(1) No benefit or right in respect of a benefit payable under this Act shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section 26 or 40 of the Maintenance Act, 1998, and section 7 (8) of the Divorce Act, 1979 (Act 70 of 1979), be liable to be attached or subjected to any form of execution under a judgment or order of a court of law.'.
The repeal of section 9.
Every magistrate's court for a district, established in terms of section 2 (1) (e) of the Magistrates' Courts Act, 1944 (Act 32 of 1944), is within its area of jurisdiction a maintenance court for the purposes of this Act.