MAINTENANCE ACT (as amended, as at 01-01-2005) (g) the proceedings may be held in the absence of any person in whose favour an order or direction has been made or is sought, as the case may be, if the maintenance court is satisfied that such person or any other person having the care or custody of such person has been given notice of the inquiry. 14 Witness failing to attend (1) If any person who has been subpoenaed to give evidence or to produce any book or document before a maintenance court holding an inquiry in terms of this Part fails to attend or to remain in attendance until duly excused by the maintenance court from such further attendance and it appears to the maintenance court from the return of the person charged with the service of the subpoena or from evidence on oath that the subpoena was duly served upon such person and if no sufficient cause for such failure seems to the maintenance court to exist, the maintenance court may issue a warrant for the arrest of such person and he shall thereupon be arrested by any police officer to whom such warrant is delivered and shall be brought before the maintenance court to give his evidence or to produce the book or document. (2) A person referred to in subsection (1) shall be liable to be sentenced summarily by the maintenance court to pay a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment3. (3) If any person who has been subpoenaed to give evidence or to produce any book or document before a maintenance court holding an inquiry in terms of this Part refuses, without sufficient cause, the onus of proof whereof shall rest upon him, to be sworn as a witness or, having been sworn, to answer fully and satisfactorily any question lawfully put to him or refuses or fails to produce any such book or document, the maintenance court may order that person to be detained in custody, as if he were a prisoner awaiting trial, for any period not exceeding eight days unless he sooner consents to do what is required of him. (4) If a person referred to in subsection (3), upon being brought before the maintenance court at any adjourned hearing, again refuses or fails to do what is required of him, the maintenance court may, if it thinks fit, again adjourn the inquiry and order that he be detained for a like period and so again from time to time until such person consents to do what is required of him. (5) Any person referred to in subsection (3) who refuses or fails to do what is required of him shall, in addition to being detained in custody as provided in this section, be liable to be sentenced summarily by the maintenance court to pay a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment4. 15 Witness giving false evidence A person who in a complaint referred to in section four or in an affidavit referred to in section eight or a witness who, after being duly sworn at an inquiry held in terms of this Part, makes a statement of fact material to the question under consideration or to be considered by the maintenance court, knowing such statement to be false or not knowing or believing it to be true, shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment5. 16 Contempt of maintenance court If any person wilfully insults the maintenance court during an inquiry held by it in terms of this Part or wilfully interrupts the inquiry or otherwise wilfully disturbs the peace or order of such inquiry the maintenance court may— (a) order that person to be removed and detained in custody until the conclusion of the inquiry on that day; 3 4 5 Subsection amended by s. 4 of Act 22/2001. Subsection amended by s. 4 of Act 22/2001. Section amended by s. 4 of Act 22/2001. 7