MAINTENANCE ACT (as amended, as at 01-01-2005) trates Court Act [Chapter 7:10] and the High Court Act [Chapter 7:06] and the rules made thereunder shall apply, mutatis mutandis, to such appeal as if it were an appeal against sentence in a criminal case by the magistrate.8 PART IV GENERAL 26 Maintenance officers The Minister may designate to be maintenance officers for maintenance courts— (a) any public officer; or (b) any person appointed subject to any law relating to the Public Service. 27 Appeals from decisions of maintenance courts (1) Any person who is aggrieved by the decision of a maintenance court in respect of any direction, order or award made in terms of this Act or any variation, extension or discharge thereof or the refusal to make any such direction, order, award, variation, extension, rescission or discharge, may appeal against such decision to the High Court. 9 (2) The Magistrates Court Act [Chapter 7:10] and the High Court Act [Chapter 7:06] and the rules made thereunder shall apply, mutatis mutandis, to any appeal made under subsection (1) as if it were an appeal against the judgment in a civil suit by a magistrate. 10 (3) The noting of an appeal in terms of this section shall not, pending the determination of the appeal, suspend the decision appealed against unless the maintenance court, on application being made to it, directs otherwise, and for such purposes the maintenance court may give such directions as it thinks fit, including, but without derogation from the generality of the foregoing, a direction that, pending the determination of the appeal— (a) the whole or any portion of the maintenance be paid to or for the benefit of the dependant concerned; or (b) the whole or any portion of the maintenance be paid into court; or (c) payment of the whole or any portion of the maintenance be suspended for such period as the court may specify. (4) On an appeal in terms of this section, the court may, if it allows the appeal, make such order as it thinks fit relating to the repayment of any sums of money paid towards the maintenance of any person pending the determination of the appeal. 28 Reciprocity with other states Where the Minister is satisfied that in any other State there is a law in force recognizing the orders of a maintenance court under this Act and providing for their enforcement against a responsible person in the jurisdiction of such other State, it shall be lawful for the Minister to make reciprocal regulations providing for the recognition and enforcement in Zimbabwe of orders made in such other State under any law similar to this Act. 29 Service of process (1) Unless provision to the contrary exists in any regulations made under section thirty-two, a summons, notice, subpoena or other process connected with any proceedings under this Act shall be served without fee by the police officer to whom it is directed, in the manner prescribed for the service of civil process in rules made under the Magistrates Court Act [Chapter 7:10]. (2) Any writ of attachment in execution of an order which has been registered in terms of section eighteen shall be executed by the messenger of the court in the manner provided for in the rules relating 8 9 10 Subsection amended by s. 10 of Act 9/1997 Subsection amended by s. 10 of Act 9/1997. Subsection amended by s. 10 of Act 9/1997. 12