Deputy Chairman, Law Development Commission, Zimbabwe. Email : ldc@gta.gov.zw
CHAPTER 5:10
MAINTENANCE ORDERS (FACILITIES FOR ENFORCEMENT) ACT
Ord. 20/1921; Acts 25/1956 (s. 9), 9/1959, 43/1962 (s. 2), 29/1971, 68/1971, 19/1980 (s. 6), 18/1989 (s. 7), 14/1995;
R.G.N. 217/1970.
ARRANGEMENT OF SECTIONS
Section
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Short title.
Interpretation.
Enforcement of maintenance orders made in reciprocating countries.
Transmission to reciprocating country of maintenance orders made in Zimbabwe.
Power to make provisional orders of maintenance against persons resident in
reciprocating country.
Powers of courts to confirm maintenance orders made in reciprocating country.
Regulations.
Proof of documents signed by officers of court.
Depositions to be evidence.
Application of this Act to reciprocating countries.
AN ACT to facilitate the enforcement in Zimbabwe of maintenance orders made in England and
Northern Ireland and elsewhere within the Commonwealth and in other States on the basis of reciprocal
arrangements.
[Date of commencement: 22nd July, 1921.]
1
Short title
This Act may be cited as the Maintenance Orders (Facilities for Enforcement) Act [Chapter 5:10].
2 Interpretation
In this Act—
“appropriate authority”, in relation to a reciprocating country, means an authority of that country recognized by
the Minister for the purposes of this Act;
“certified copy”, in relation to an order of a court, means a copy of the order certified by the proper officer of the
court to be a true copy;
“dependants” means such persons as a person against whom a maintenance order has been made is, according to
the law in force where such order was made, liable to maintain;
“maintenance court” means a maintenance court referred to in section 3 of the Maintenance Act [Chapter 5:09]
or a juvenile court;
“maintenance order” means an order for the payment of money, whether in a lump sum or in periodical payments
or otherwise, towards the maintenance of the wife or other dependants of the person against whom the order
is made;
“Minister” means the Minister of Justice, Legal and Parliamentary Affairs or any other Minister to whom the
President may, from time to time, assign the administration of this Act;
“prescribed” means prescribed by rules of court or by rules made under section seven;
“reciprocating country” means—
(a) England and Northern Ireland;
(b) any territory within the Commonwealth, including Scotland, or any other State to which this Act has been
applied in terms of section ten.
3 Enforcement of maintenance orders made in reciprocating countries
(1) Where a maintenance order has been made against any person by any court in a reciprocating country and a
certified copy of the order has been transmitted by the appropriate authority to the Minister, the Minister shall send a
copy of the order to the clerk of the maintenance court of the province or district where the person against whom the
order was made is residing.
(2) Upon receipt of an order in terms of subsection (1) the clerk of the maintenance court concerned shall register
the order and, upon registration, subsections (5) and (7) of section 6 and sections 7, 8, 9, 10, 18, 19, 20, 21, 22 and 27