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- Is amended by Regulations relating to Maintenance: Amendment
- Is amended by Regulations relating to Maintenance: Amendment
- Is amended by Regulations relating to Maintenance: Amendment
South Africa
Maintenance Act, 1998
Regulations relating to Maintenance, 1999
Government Notice R1361 of 1999
- Published in Government Gazette 20627 on 15 November 1999
- Commenced on 26 November 1999
- Note: See section 27
- [This is the version of this document from 5 January 2018.]
- [Amended by Regulations relating to Maintenance: Amendment (Government Notice R1099 of 2006) on 3 November 2006]
- [Amended by Regulations relating to Maintenance: Amendment (Government Notice R966 of 2017) on 6 September 2017]
- [Amended by Regulations relating to Maintenance: Amendment (Government Notice R1473 of 2017) on 5 January 2018]
1. Definitions
In these Regulations any word or expression to which a meaning has been assigned in the Act shall bear that meaning and, unless the context otherwise indicates—"sheriff" means a person appointed under section 2(1) of the Sheriffs Act, 1986 (Act No. 90 of 1986), and includes a person appointed under section 5 or 6 of that Act as an acting sheriff or deputy sheriff; and"the Act" means the Maintenance Act, 1998 (Act No. 99 of 1998).Chapter 1
Complaints and investigations
2. Complaints
2A. Locating whereabouts of person who may be affected by order
Name of Account: | Department of Justice and Constitutional Development Vote Account |
Account: | Deposits |
Bank: | ABSA Corporate |
Account number: | 4053764491 |
Branch Code: | 632005 |
Reference: | MC Case number Refund |
3. Investigation by maintenance officer
4. Subpoena
5. Subsistence and travelling allowances
Any person against whom a maintenance order may be made shall on direction of the maintenance court be entitled to the following allowances:6. Statements by witnesses
7. Notification to admit statements by witnesses
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.Chapter 2
Maintenance and other orders
8. Maintenance and ancillary orders
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.9. Notices
10. Orders by consent
11. Orders by default
12. Variation or setting aside of orders
13. Substitution or discharge of maintenance orders
On receipt of a notice of the substitution or discharge of a maintenance order, contemplated in section 22 of the Act, the registrar or the clerk of the court where the maintenance order concerned was issued, or where the sentence concerned was imposed, as the case may be, shall—14. Transfer of maintenance orders
15. Appeals against orders
Chapter 3
Civil execution
16. Enforcement of maintenance or other orders
17. Warrant of execution
18. Particulars of persons authorised to execute warrant of execution
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.19. Application for the setting aside of a warrant of execution
20. Attachment of emoluments
21. Attachment of debts
21A. Furnishing of personal particulars of person convicted
Pursuant to section 31(4) of the Act, the maintenance officer shall furnish the personal particulars of a person who has been convicted of an offence in terms of section 31(1) of the Act to any business identified by the maintenance officer, which has as its object the granting of credit or is involved in the credit rating of persons, on a form which corresponds substantially with form W of the Annexure.[regulation 21A inserted by section 4 of Government Notice R1473 of 2017]Chapter 4
Offences and orders relating to prosecutions
22. Complaints of failure to comply with orders
A complaint regarding a failure to make a payment in accordance with a maintenance order shall substantially correspond with Form Q of the Annexure.23. Recovery of arrear maintenance
Chapter 4A
Powers of maintenance investigators
[Chapter 4A inserted by section 2 of Government Notice R1099 of 2006]23A. Powers, duties and functions of maintenance investigator
Chapter 5
General and supplementary provisions
24. Record of proceedings
25. Photographs of persons subject to maintenance orders
26. Service of documents
27. Short title
These regulations shall be called the Regulations relating to Maintenance, and shall come into operation on 26 November 1999.History of this document
05 January 2018 this version
06 September 2017
03 November 2006
26 November 1999
Commenced
Note: See section 27