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DEPARTMENT OF JUSTICE AND CONSTITIONAL DEVELOPMENT

MAINTENANCE WORKSHOP

CHARLES HOFFE PARK: SCOTTBURGH:

FRIDAY 2 FEBRUARY 2007

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LEG 1: GENERAL REMARKS Maintenance Act 99 of 1998

The ideal of the Act is in the The ideal of the Act is in the preamble –preamble –

every child has the right to a every child has the right to a standard of living adequate for standard of living adequate for the child’s physical, mental, the child’s physical, mental, spiritual, moral and social spiritual, moral and social developmentdevelopment

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The old Act: 23 of 1963The old Act: 23 of 1963

Accessing maintenance has proven Accessing maintenance has proven to be an uphill battle for many to be an uphill battle for many complainants. Many factors such complainants. Many factors such as problems with the system, as problems with the system, dysfunctional administration and dysfunctional administration and implementation of certain implementation of certain provisions caused major stumbling provisions caused major stumbling blocks.blocks.

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Major changes.

Three major changes brought about Three major changes brought about by new Act:-by new Act:-

1.The appointment of maintenance 1.The appointment of maintenance investigators;investigators;

2. The issuing of emolument 2. The issuing of emolument attachment orders; attachment orders;

3. A maintenance order by default.3. A maintenance order by default.

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Hugh responsibility.

The new Act has placed even more The new Act has placed even more responsibility with maintenance responsibility with maintenance personnel at all courts:-personnel at all courts:-

A maintenance officer/clerk is usually the A maintenance officer/clerk is usually the first person that a complainant first person that a complainant encounters and relies on for assistance.encounters and relies on for assistance.

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So what?

It is of the utmost importance that all It is of the utmost importance that all maintenance officers/clerks should maintenance officers/clerks should

have a comprehensive knowledge of have a comprehensive knowledge of

the Act/Regulations and the Act/Regulations and

implementation. They need to implementation. They need to educate their clients about the duty educate their clients about the duty of support. of support.

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LEGLEG 2: 2: Application and Application and interpretation of Maintenance Actinterpretation of Maintenance Act..

The Maintenance Act The Maintenance Act shallshall apply to any apply to any person who has a legal duty to maintain person who has a legal duty to maintain any other person. It does not matter any other person. It does not matter what kind of relationship there is what kind of relationship there is between the person who has a duty to between the person who has a duty to pay the maintenance and the person pay the maintenance and the person who has to be paid maintenance.who has to be paid maintenance.

Q:Q: Can a child claim maintenance from his/herCan a child claim maintenance from his/her

parents and parents and vice versavice versa??

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Maintenance Court officers.Maintenance Court officers.

1. 1. AllAll magistrates magistrates mustmust deal with maint deal with maint cases.cases.2. 2. AnyAny prosecutor prosecutor is alsois also a maint officer of a maint officer of

that court.that court.3. The minister or any authorized officer of 3. The minister or any authorized officer of

DOJ may appoint DOJ may appoint one or moreone or more maintenance officers. (no mention of maintenance officers. (no mention of senior maint officer – no problem)senior maint officer – no problem)

4. The minister or any authorized officer of 4. The minister or any authorized officer of DOJ may appoint one or more maint DOJ may appoint one or more maint investigators.investigators.

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The role of maintenance officersThe role of maintenance officers..

1.1. To appear in the maintenance To appear in the maintenance court;court;

2.2. To exercise powers given by the To exercise powers given by the Act;Act;

3.3. To perform any duty or function To perform any duty or function imposed upon them by the Act;imposed upon them by the Act;

4.4. To perform duties and functions To perform duties and functions imposed by the regulations (see imposed by the regulations (see next clip)next clip)

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The role of maintenanceThe role of maintenance investigatorsinvestigators.. 1.1. To exercise powers bestowed upon To exercise powers bestowed upon

him/her by the Act;him/her by the Act;2.2. To perform all functions and duties To perform all functions and duties

in terms of the Act;in terms of the Act;3.3. To perform all functions and duties To perform all functions and duties

in terms of the Regulations in terms of the Regulations published in GN R1361 GG 20627 of published in GN R1361 GG 20627 of 15 November 1999 as amended by 15 November 1999 as amended by GN R1099 GG 29347 of 3 November GN R1099 GG 29347 of 3 November 2006 (currently again being 2006 (currently again being amended?)amended?)

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Important duties: Maint OfficerImportant duties: Maint Officer. . Reg 3Reg 3..

1. A Maintenance Officer may, 1. A Maintenance Officer may, in investigatingin investigating a complaint, direct a complaint, direct the complainant and respondent to:-the complainant and respondent to:-

appear before him/her; appear before him/her; andand produce information relating to the complaint and documentary produce information relating to the complaint and documentary

proof, if applicableproof, if applicable

2. These directions may be given in the manner the maint. off. 2. These directions may be given in the manner the maint. off. deems fit.deems fit.

3. He/she must keep record of the manner (3. He/she must keep record of the manner (suprasupra) in which it is ) in which it is done.done.

4. If complainant or respondent do not comply he/she shall be 4. If complainant or respondent do not comply he/she shall be guilty of an offence and sent to gaol for up to 6 months. (what a guilty of an offence and sent to gaol for up to 6 months. (what a pleasure!) pleasure!)

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Powers of Maint Investigators. Reg 23A Powers of Maint Investigators. Reg 23A (inserted by GN R1099 of 3 November 2006(inserted by GN R1099 of 3 November 2006). ). 1. Must have letter of appointment.1. Must have letter of appointment.

2. May:-2. May:-

2.1 examine a person who is likely to give information about2.1 examine a person who is likely to give information about

complaint;complaint;

2.2 direct a person to identify himself/herself to his/her2.2 direct a person to identify himself/herself to his/her

satisfaction;satisfaction;

2.3 request a person to sign a document relevant to the2.3 request a person to sign a document relevant to the

complaint;complaint;

3. May:-3. May:-

3.1 call upon a policeman to render assistance with service of3.1 call upon a policeman to render assistance with service of

processes;processes;

3.2 if resistance is expected, request assistance from the Station3.2 if resistance is expected, request assistance from the Station

Comm. of nearest police station, and must furnish particularsComm. of nearest police station, and must furnish particulars

of the complaint. (What if assistance is refused?)of the complaint. (What if assistance is refused?)

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Question 1: Is there anything in Question 1: Is there anything in the Act/Regulations to prohibit a the Act/Regulations to prohibit a maintenance officer from doing maintenance officer from doing what a maintenance investigator what a maintenance investigator may do and may do and vice versavice versa??

Question 2: Where do Social Question 2: Where do Social services figure in this whole services figure in this whole scenario?scenario?

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CLOSURE

The strong co-operative working relationship between The strong co-operative working relationship between the Judiciary, the Department of Justice, the Police and the Judiciary, the Department of Justice, the Police and Social Welfare in their complementary roles is Social Welfare in their complementary roles is fundamental to the delivery of Maintenance court fundamental to the delivery of Maintenance court services to the public.services to the public.

Together we will make a difference (but when we keep Together we will make a difference (but when we keep on fighting amongst one another, the public may lose on fighting amongst one another, the public may lose faith in the system)faith in the system)