MAINTENANCE ACT (as amended, as at 01-01-2005)
25.
Release from imprisonment on payment of arrears.
PART IV
GENERAL
26.
27.
28.
29.
30.
31.
32.
Maintenance officers.
Appeals from decisions of maintenance courts.
Reciprocity with other states.
Service of process.
Payment of expenses of witnesses.
Awards as to expenses.
Regulations.
AN ACT to provide for the making of orders for maintenance of persons; to provide for the enforcement of maintenance orders; and to provide for matters incidental to or connected with the
foregoing.
[Date of commencement: 1st December, 1971.]
2 Interpretation
In this Act—
“dependant”, in relation to a responsible person, means any pers
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Maintenance Act
[Chapter 5:09].
on whom that responsible person is legally liable to maintain;
“direction” means a direction made in terms of subsection (5) of section six;
“earnings”, in relation to a responsible person, means any money payable to that person—
(a) by way of salary, wages, remuneration or allowances and includes any fees, bonus, commission,
overtime pay or other emoluments payable in addition thereto; or
(b) by way of a pension and includes—
(i) an annuity, gratuity, commutation of pension or other like allowance or refund of pension
contributions, including interest payable thereon, whether the same is payable in respect of
past services or otherwise; and
(ii) periodical payments in respect of or by way of compensation for the loss, abolition or relinquishment, howsoever arising, or any diminution in the emoluments, of any office or employment;
“employer”, in relation to a responsible person, means a person, including the State, by whom earnings are payable or are likely to become payable to the responsible person;
“maintenance officer” means a maintenance officer designated in terms of section twenty-six;
“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;
“order”, for the purposes of Part II, means an order made in terms of section six;
“probation officer” means a probation officer as defined in section 2 of the Children’s Protection and
Adoption Act [Chapter 5:06];
“responsible person” means a person who is legally liable to maintain another.
PART II
MAINTENANCE ORDERS BY MAINTENANCE COURT
2