MAINTENANCE ACT (as amended, as at 01-01-2005)
to the court where the order is registered and the messenger’s fees and charges for the execution shall be
paid out of the proceeds of the sale of any property attached in execution and shall be levied in addition,
and in preference, to the sum payable under the order.
30 Payment of expenses of witnesses
A maintenance court may, if it thinks fit, order the payment from moneys appropriated for the purpose
by Act of Parliament of allowances to any person attending any inquiry held in terms of this Act in
accordance with the tariff prescribed.
31 Awards as to expenses
(1) Where, in terms of this Act, a maintenance court makes an order or direction or orders any variation, extension, rescission or discharge thereof or refuses to make any such order, direction, variation,
extension, rescission or discharge, it may, where it appears just to do so, in addition to the order of the
court, make an award of such amount as it may specify against any person in favour of another in respect
of the reasonable expenses incurred by the latter, directly or indirectly, in connection with the proceedings concerned:
Provided that in making any such award the maintenance court shall have regard to the means of the
person against whom the award is intended to be made.
(2) An award in terms of subsection (1) shall have the effect of a civil judgment of a magistrates court,
and the provisions of the Magistrates Court Act [Chapter 7:10] and rules made thereunder relating to the
enforcement of judgments shall apply, mutatis mutandis, to such award.
(3) The clerk of a maintenance court which has made an award in terms of subsection (1) shall, on
behalf of the person in whose favour the award was made, take all such steps for the civil enforcement of
the award as may be necessary.
32 Regulations
(1) The Minister may by regulation prescribe all matters which by this Act are required or permitted to
be prescribed or which, in his opinion, are necessary or convenient to be prescribed for carrying out or
giving effect to this Act.
(2) In the exercise of the powers conferred upon him by subsection (1) the Minister may provide for
any of the following—
(a) the form of any process, certificate or register issued or kept in terms of this Act;
(b) the procedure to be followed in maintenance courts;
(c) the records to be kept by the maintenance courts;
(d) guidelines for the assessment by the court of amounts of money to be paid towards the maintenance
of a person.
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