This is the version of this Act as it was from 31 March 2005 to 31 October 2006. Read the version currently in force.
Maintenance Act, 1998
Act 99 of 1998
- Published in Government Gazette no. 19513 on 27 November 1998
- Assented to on 19 November 1998
- There are multiple commencements:
- [This is the version of this document as it was from 31 March 2005 to 31 October 2006.]
|Chapter 1 (section 1–2); Chapter 2, section 3–4; Chapter 3, subpart, section 6, section 7(1)(a), 7(1)(b), 7(1)(c), section 8; subpart (section 9–11); subpart (section 12–14); Chapter 4 (section 15–25); Chapter 5 (section 26–30); Chapter 6 (section 31–39); Chapter 7 (section 40–41); Chapter 8 (section 42–47)||commenced on 26 November 1999 by Proclamation of 1999.|
|Chapter 3, subpart, section 10(1A)||commenced on 31 March 2005.|
|Chapter 2, section 5; Chapter 3, subpart, section 7(1)(d), 7(2)||
commenced on 1 November 2006
by Proclamation of 2006.
Note: Commencement of section 7(2)(b) only in so far it relates to the service of process of any maintenance court.
- [Amended by Judicial Matters Amendment Act, 2001 (Act 42 of 2001) on 7 December 2001]
- [Amended by Judicial Matters Second Amendment Act, 2003 (Act 55 of 2003) on 31 March 2005]
Interpretation and application of Act
2. Application of Act
Maintenance courts and court officers
3. Maintenance courtsEvery magistrates court shall within its area of jurisdiction be a maintenance court for the purposes of this Act.
4. Maintenance officers
5. Maintenance investigators
Complaints and investigations
6. Complaints relating to maintenance
7. Investigation of complaints
8. Examination of persons by maintenance officer
9. Maintenance officer may cause witnesses to be subpoenaed
10. Enquiry by maintenance court
11. Rights and privileges of witnesses
12. Proof of statements in writing by consent
13. Evidence and findings of fact recorded in respect of existing maintenance order
14. Proof of entries in accounting records and documentation of banksThe provisions of section 236 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall, with the necessary changes, apply in respect of the enquiry.
Maintenance and other orders
15. Duty of parents to support their children
16. Maintenance and ancillary orders
17. Orders by consent
18. Orders by default
19. Variation or setting aside of certain ordersA maintenance court that has made an order under section 16(1)(a)(i) or (b)(i) may, at the request of the maintenance officer—
20. Orders as to costs of serviceThe 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.
21. Orders relating to scientific tests regarding paternity
22. Notice of substitution or discharge of maintenance ordersWhenever a maintenance court—
23. Transfer of maintenance orders
Effect of orders, and appeals
24. Effect of orders of maintenance court
25. Appeals against orders
26. Enforcement of maintenance or other orders
27. Warrants of execution
28. Attachment of emoluments
29. Notice relating to attachment of emoluments
30. Attachment of debts
Offences and penalties
31. Offences relating to maintenance orders
32. Offences relating to examination of persons by maintenance officer
33. Offences relating to witnesses
34. Offences relating to false information
35. Offences relating to maintenance enquiriesAny 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.
36. Offences relating to publication of information in respect of children
37. Offences relating to disclosureAny 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.
38. Offences relating to certain noticesAny person who—
39. Offences relating to notice of change of addressAny 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.
Orders relating to prosecutions
40. Recovery of arrear maintenance
41. Conversion of criminal proceedings into maintenance enquiryIf during the course of any proceedings in a magistrate’s court in respect of—
General and supplementary provisions
42. Record of proceedings at maintenance enquiries
43. Photographs of persons subject to maintenance orders
45. Repeal or amendment of laws, and savings
46. Transitional arrangements in respect of execution of maintenance or other ordersUntil such time as regulations relating to the execution of maintenance or other orders of maintenance courts made under section 44(1)(d) or (e) come into operation, the provisions—
47. Short title and commencement
History of this document
09 August 2010
31 March 2005 this version
Amended by Judicial Matters Second Amendment Act, 2003
26 November 1999
19 November 1998