MAINTENANCE ACT (as amended, as at 01-01-2005) 3 Maintenance courts Every magistrates court shall, within its area of jurisdiction, be a maintenance court for the purposes of this Act. 4 Summons to appear upon complaint of non-support (1) Upon a complaint on oath being made to a maintenance officer of a maintenance court that a responsible person fails or neglects to provide reasonable maintenance for any dependant of his, the maintenance officer may issue a summons requiring the responsible person to appear before a maintenance court to show cause why an order for the maintenance of the dependant should not be made against him. (2) A complaint in terms of subsection (1) may be laid by the dependant or by some other person having the care or custody of the dependant or by a probation officer. 5 Inquiry to be held into complaint (1) On the day specified in the summons issued in terms of subsection (1) of section four the maintenance court shall inquire into the matter of the complaint. (2) An inquiry referred to in subsection (1) shall be held in the presence of the responsible person or in his absence upon proof of the service upon him of the summons requiring him to appear. 6 Making of order (1) At any inquiry referred to in section five the maintenance court may, subject to this Part, make an order against the responsible person for the periodical payment of such sum of money as it considers reasonable for the maintenance of the dependant in respect of whom the complaint in terms of section four was made. (2) A maintenance court shall not make an order in favour of a dependant unless it is satisfied that— (a) the person against whom the order is sought is legally liable to maintain the dependant; and (b) the person against whom the order is sought is able to contribute to the maintenance of the dependant; and (c) the person against whom the order is sought fails or neglects to provide reasonable maintenance for the dependant. (3) For the purpose of determining whether or not a person who is subject to customary law is legally liable to maintain another person, a maintenance court shall regard— (a) husbands and wives at customary law as primarily responsible for each other’s maintenance; (b) the parents of a child as being primarily and jointly responsible for the maintenance of that child until the child attains the age of majority or becomes selfsupporting. (4) In making an order the maintenance court shall have regard to— (a) the general standard of living of the responsible person and the dependant, including their social status; (b) the means of the responsible person and the dependant; (c) the number of persons to be supported; (d) whether the dependant or any of his parents is able to work and, if so, whether it is desirable that he or she should do so. (5) The maintenance court may direct that the whole or any portion of the payments required to be made in terms of an order shall be paid by the employer of the responsible person from earnings due to that responsible person by the employer: Provided that no such direction shall be made against an employer unless— (a) in the case of a direction to pay a sum which amounts in the aggregate to less than ten dollars per month, he consents to the making of the direction; (b) in any other case— (i) he has been given notice of the proposal to make such direction and a reasonable opportunity to appear to show cause why such direction should not be made; or 3