MAINTENANCE ACT (as amended, as at 01-01-2005)
(b)
summarily impose upon that person a fine not exceeding level three or imprisonment for a period
not exceeding one month or both such fine and such imprisonment.
17 Review of summary penalties
Where the maintenance court orders the detention or imprisonment of a person in terms of section
fourteen or sixteen, such detention or imprisonment shall be deemed to be a sentence referred to in
paragraph (a) of subsection (1) of section 57 of the Magistrates Court Act [Chapter 7:10], and the record
of the proceedings in the maintenance court shall accordingly be forwarded for review by a judge of the
High Court in accordance with that section.
PART III
ENFORCEMENT OF VARIOUS ORDERS FOR MAINTENANCE
18 Registration of orders
(1) The clerk of the maintenance court shall register—
(a) all orders made in terms of section six by the maintenance court;
(b) all orders transmitted to the maintenance court in terms of section twenty;
(c) all orders tendered for registration in terms of subsection (2).
(2) An order of the High Court or any other court, other than a maintenance court, for the payment of
sums of money towards the maintenance of a person may, without prejudice to any other remedies that
may be available for the enforcement of that order, be tendered by any person against whom or in favour
of whom it was made for registration to the clerk of the appropriate maintenance court of the province or
district where the person against whom the order was made resides.
(3) Subject to subsection (4), where an order referred to in subsection (2) has been registered, sections
seven, eight, nine, nineteen, twenty, twenty-one and twenty-two shall apply, mutatis mutandis, in relation
to such order—
(a) as if it were an order made in terms of section six; and
(b) in the case of an order of the High Court, notwithstanding that such order permits or authorizes a
variation of any of the terms thereof only by way of application to the High Court;
and where any such order which has been made in favour of a child has ceased or is due to cease upon
the child having attained or attaining a specified age, the maintenance court may, upon application being
made to it and upon due inquiry to which section eight shall apply, mutatis mutandis, extend the order
for such period and subject to such conditions as it may think fit.
(4) Where a maintenance court varies, extends or discharges an order of the High Court referred to in
subsection (2)—
(a) it shall as soon as possible cause the record of the proceedings to be forwarded to the registrar of the
High Court for review by a judge in chambers who may—
(i) confirm, vary or set aside the order of the maintenance court; or
(ii) set aside the order of the maintenance court and remit the matter to that court with instructions
to take such further proceedings as the judge may direct and thereafter to make such order as it
thinks fit;
(b) the order of the maintenance court shall be suspended pending the review thereof in terms of
paragraph (a).
(5) The clerk of the maintenance court shall alter his register referred to in subsection (1) to reflect
therein any variation, extension, discharge or transmission of the order to another court.
(6) The clerk of the maintenance court shall give notice to every person affected thereby of any direction, order or award made by a maintenance court, or any variation, extension, rescission or discharge
thereof:
Provided that any failure to comply with this subsection shall not affect the validity of any such direction, order, award, variation extension, rescission or discharge.
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