CHILDREN’S PROTECTION AND ADOPTION ACT (as amended at 01 December 2002)
(Facilities for Enforcement) Act [Chapter 5:10] and that Act shall apply, mutatis mutandis, to such
contribution order.
(6)58 Any person who fails to comply with any direction made against him in terms of subsection (2) of
section forty-nine shall be guilty of an offence and liable to a fine not exceeding one thousand five hundred dollars or to imprisonment for a period not exceeding three months or to both such fine and such
imprisonment.
52 Provisions of contribution order as to payments
(1) A contribution order shall direct that payment in terms of the order shall be made to the clerk of
the children's court making the order.
(2) A contribution order shall not impose any obligation to pay any money for the maintenance of any
person during any period after his attainment of the age of twenty-one years.
(3) Moneys received in terms of any contribution order shall be paid into the Consolidated Revenue
Fund.
53 Variation or rescission of direction to make payments and of contribution order
(1) A children's court which has made a contribution order or a direction in terms of subsection (2) of
section forty-nine may at any time vary, suspend or rescind the order or direction or revive the order or
direction after it has been rescinded.
(2) An order made in terms of subsection (1) shall have effect from the date on which it was made
unless the court directs that it shall have effect from some specified earlier or later date:
Provided that no rescission or variation of contribution order or direction made in terms of subsection
(2) of section forty-nine with effect from an earlier date shall entitle the respondent or the employer to
recover or set off any money already paid by him in accordance with the terms of the contribution order
or direction, as the case may be.
54 Appeal against contribution order or direction
(1) An appeal shall lie to the High Court against��
(a) any contribution order or direction made in terms of subsection (2) of section forty-nine or the
variation, suspension, rescission or revival of a contribution order or such direction;
(b) the refusal of an application for a contribution order or for the variation, suspension, rescission or
revival of a contribution order or direction made in terms of subsection (2) of section forty-nine.
(Subsection as amended by s. 10 of Act 9 of 1997)
(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 such appeal as if it were an appeal against the judgment in a civil suit by a magistrate.
(Subsection as amended by s. 10 of Act 9 of 1997)
55 Change of place of residence of respondent
(1) If a respondent against whom a contribution order has been made during the currency of the order
changes his place of residence, he shall forthwith give notice in writing to the clerk of the children's
court by which the order was made and shall in that notice state fully and clearly where the place of
residence to which he has removed is situated.
(2) When a respondent against whom a contribution order is in force removes to and becomes resident
in a district other than that of the court which made the order, that court may, if it thinks it desirable,
without prior notice to the respondent, vary the order by designating as the officer to whom payment
shall be made the clerk of the children's court of the district to which the respondent has removed, and
when a court has so varied an order it shall transmit a certified copy of the order to such clerk of the
court and inform the respondent by notice in writing of the variation of the order.
(3) An order which has been transmitted to another court in terms of subsection (2) shall thereupon
have effect and be enforceable as if it were an order of that court.
30
Select target paragraph3
Add to table of contents