This Act was repealed on 1999-11-26 by Maintenance Act, 1998.
Maintenance Act, 1963
Related documents
- Is commenced by Maintenance Act, 1963: Commencement
- Is repealed by Maintenance Act, 1998
- Amends Black Administration Act, 1927
- Amends Matrimonial Affairs Act, 1953
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History of this document
26 November 1999
Repealed by
Maintenance Act, 1998
22 January 1965
Commenced by
Maintenance Act, 1963:
Commencement
29 March 1963 this version
Published in Government Gazette 468
23 March 1963
Assented to
Cited documents 0
Documents citing this one 50
Gazette
30Judgment
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Reported
The committal provisions permitting imprisonment of judgment debtors are overbroad and unconstitutional; imprisonment option severed and struck down.
Constitutional law — detention without trial — imprisonment of judgment debtors under sections 65A–65M of Magistrates’ Courts Act — limitation of right to freedom (s 11), dignity (s 10) and fair trial safeguards (s 25(3)) — overbroad and procedurally defective — not justified under s 33(1) — severance of imprisonment option permitted — committal and continued imprisonment under s65F/65G declared invalid.
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Reported
High Courts may use contempt to enforce maintenance orders when statutory remedies fail and children's best interests demand it.
Maintenance law – enforcement – process‑in‑aid and contempt – High Court inherent jurisdiction to enforce magistrate’s/maintenance court orders; discretionary exercise where statutory remedies fail – best interests of the child (s28(2)) and gender‑equality implications of systemic maintenance enforcement failures.
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Reported
Surviving spouse entitled to maintenance from estate; lump sum competent; policy proceeds excluded; punitive costs ordered.
Maintenance of surviving spouse — s 2(1), s 3 of Maintenance of Surviving Spouses Act 27 of 1990 — primary obligation shifts to estate — 'own means' excludes gratuitous support from children — lump sum maintenance competent — life insurance proceeds payable to nominated beneficiaries excluded from estate — executors’ conduct and costs (de bonis propriis).
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Reported
Pension payouts received pre-sequestration lose s37B protection; collusive pre-sequestration transfers can be set aside under s31.
Pensions — s 37A/37B Pensions Fund Act — protection applies only while benefit remains payable by fund; paid benefits lose protected character and may form part of estate. Insolvency — s 31 Insolvency Act — collusive dispositions before sequestration may be set aside; sham divorce and transfers to related company can constitute collusion. Dispositions under court orders — not immune from attack where fraud, collusion or reprehensible conduct established.
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Reported
Appellant failed to prove misappropriation or material change in circumstances; appeal to reduce or suspend child maintenance dismissed.
* Maintenance law – variation of divorce maintenance – scope of section 4(1)(b)/7(2) – material change in circumstances required to reduce obligations. * Procedure – rectification of record and remittal – fresh evidence must have been obtainable with reasonable diligence; court will not remedy failure to put case at trial. * Set‑off/suspension – proprietary claims or alleged misappropriation of child maintenance are not a proper basis for suspension or set‑off; remedy lies in action for recovery. * Jurisdiction – Maintenance Court cannot order reimbursement of misappropriated funds; appellate court may not grant such relief where not pleaded or proved. * Ultra vires argument rejected – appellate reduction of cash maintenance may leave other obligations (educational/medical) intact under s 7(2).
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Contempt may enforce maintenance-style post-divorce obligations; vehicle-replacement breach proved, house-provision breach not proven.
Family law; interpretation of settlement agreements made court orders (Endumeni); distinction between patrimonial orders and maintenance (ad pecuniam solvendam v ad factum praestandum); enforceability of ongoing post-divorce obligations by contempt; evidential burden to prove lack of means and wilfulness in contempt proceedings.
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Whether the respondent’s testimony and admissions sufficiently proved paternity despite the corroboration rule.
* Family law – Paternity – proof on balance of probabilities – role of corroborative (stawende) evidence and weight of admissions and circumstantial facts.
* Damages – kraamkoste and loss of earnings – separate awards permissible where loss of earnings not subsumed in agreed kraamkoste.
* Civil procedure / professional conduct – improper interviewing of a vulnerable litigant and taking sworn statements at maintenance inquiry condemned.
* Evidence – blood-group tests which do not exclude paternity admissible but not conclusive.
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An appellate court may limit retrospective effect of a substituted maintenance order to prevent undue hardship and protect children's maintenance.
Maintenance Act s 7(2) – appellate discretion to make orders as it deems fit – retrospective effect of substituted maintenance order – interim payments pending appeal – lawfulness and non-repayability of payments made under earlier maintenance order – undue hardship and protection of children’s needs.
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Corroboration is not a legal requirement in civil paternity cases, though courts must approach complainants’ evidence with caution; paternity may be found on a balance of probabilities.
* Evidence — Paternity/maintenance enquiries — Corroboration of mother’s testimony no longer required as a matter of law; cautionary approach to complainant’s sexual/paternity evidence remains. * Civil standard of proof (balance of probabilities) applies to paternity in maintenance enquiries. * Appellate review — credibility and factual findings by magistrate should not be lightly displaced where reasonable inferences support them.
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Reported
Appellate court substituted maintenance award after finding lower courts misassessed children's needs and misapplied law on university education.
Maintenance — assessment of reasonable needs versus payer’s means — appellate review standard akin to quantum appeals; university education may form part of necessary maintenance; stepchildren obligations not to override biological children’s claims; speculative community-of-property issues not to be relied on if unraised.
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