MAINTENANCE ACT (as amended, as at 01-01-2005) clerk of the maintenance court where the order to which the direction relates is registered in terms of section eighteen of such discharge or termination. (2) A responsible person against whom an order which has been registered in terms of section eighteen has been made shall notify in writing the clerk of the maintenance court where the order is registered of the particulars of any change of his address or employment, within seven days of any such change. (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.6 22 Civil enforcement of direction or order (1) Every direction or order registered in terms of section eighteen shall have the effect of a garnishee order or a civil judgment respectively of the magistrates court in favour of the clerk of the maintenance court where the direction or order is registered, and the provisions of the Magistrates Court Act [Chapter 7:10] and rules made thereunder relating to the enforcement of a garnishee order or a civil judgment, as the case may be, shall apply, mutatis mutandis, to that direction or order. (2) The clerk of the maintenance court shall, on behalf of the person in whose favour a direction or an order registered in terms of section eighteen has been made, take such steps for the civil enforcement of the direction or order as may be necessary. 23 Criminal offence for failing to comply with maintenance order (1) Subject to subsection (1), any person against whom an order to which this section applies has been made who fails to make any particular payment in terms of the order shall be guilty of an offence and liable to imprisonment for a period not exceeding one year. (2) If a person is convicted of the offence referred to in subsection (1), the court may, in addition to any penalty which it may impose, order that all payments in terms of the order, including any payments which are in arrears, shall be made through the clerk of the appropriate maintenance court of the province or district where the convicted person resides. (3) Subject to subsection (4), a person who has been convicted or acquitted of an offence referred to in subsection (1) and who fails— (a) within two months after such conviction or acquittal; or (b) if upon such conviction he was sentenced to and has undergone imprisonment, other than periodical imprisonment, within two months after his release from such imprisonment; to make payments in terms of the order shall be liable to be prosecuted again under subsection (1) and his previous conviction or acquittal shall not be a bar to his conviction on the later charge. (4) Proof that any failure which is the subject of a charge under his section was due to a lack of means and that such lack of means was not due to— (a) unwillingness to work; or (b) misconduct; or (c) the incurring of debts or obligations which in all the circumstances of the case are unreasonable; shall be a good defence to any such charge: Provided that, if the court finds that the person charged was able to pay a portion of any particular payment and failed to do so, such proof shall not be a defence in relation to the portion of the particular payment which the person was able to pay. (5) This section shall apply to— (a) an order made in terms of section six; (b) an order of the High Court or any other court other than a maintenance court for the payment of a sum of money towards the maintenance of any person; (c) a contribution order made under the Children’s Protection and Adoption Act [Chapter 5:06]; 6 Subsection amended by s. 4 of Act 22/2001. 10