Maintenance General Regulations 1988 (Statutory Instrument 114 of 1988)

Statutory Instrument 114 of 1988.

Maintenance General Regulations 1988

ARRANGEMENT OF SECTIONS

1. Interpretation and application.
2. Complaint on oath-
3. Summons against responsible person.
4. Order for payment of maintenance.
5. Direction against employer
6. Variation or discharge of direction or order.

7. Notice to appear before maintenance court.
8. Application for direction against employer of responsible person
9. Notice to responsible person and employer
10. Variation to rescission of order
11. Payment of maintenance through clerk of maintenance court Schedule : Forms.

IT is hereby notified that the Minister of Justice, Legal and Parliamentary Affairs has in terms of section 32 of the Maintenance Act [Chapter 35] made the following regulations:—

1. Title

These regulations may be cited as the Maintenance (General) Regulations, 1988.

2.     Interpretation and application

• In these regulations—

“complainant” means the person making a complaint in terms of subsection (1) of section 4 of the Act;

“form” means the appropriate form specified in the Schedule.

• Notwithstanding any provision of these regulations, where the circumstances of any particular case require it, or if it is convenient to do so, any form which is required to be used may be suitably modified or amended for the purpose.

3.     Complaint on oath

• A complaint on oath made to a maintenance officer in terms of subsection (1) of section 4 of the Act shall be in form M. 1 and shall be completed in triplicate.
• The original complaint on oath shall be filed with the clerk of the maintenance court, one copy shall be handed to the complainant and the third copy shall be attached to the summons which shall be served on the responsible person in terms of section 4 of the Act.

4.     Summons against responsible person

• A summons referred to in subsection (1)of section 4 Of the Act shall be in form M. 2, and it shall call upon the responsible person to file with the clerk of the maintenance court, at least seven days before the date of the inquiry, two copies of the notice in form M. 3.
• The summons shall be accompanied by a copy of the complaint on oath, together with any annexure thereto.
• The clerk of the maintenance court shall cause a copy of the notice referred to in subsection (1) to be served on the complainant as soon as possible before the date of the inquiry.

5.     Order of payment of maintenance

An order of the maintenance court referred to in subsection (1) of section 6 of the Act for the periodical payment of maintenance shall be in form M. 4 and a copy of the order shall be made avail able to the responsible person.

6.     Direction against employer

A direction referred to in subsection (5) of section 6 and subsection (3) of section 9 of the Act against the employer of a responsible person shall be in Form M. 5.

7.     Variation or discharge of direction or order

• An application in terms of subsection (1) of section 8 of the Act for the variation or discharge of a direction or an order shall be in form M. 6 and shall be completed in quadruplicate.
• The original copy of the application shall be filed with

the clerk of the maintenance court, one copy shall be handed to the applicant and one copy shall

be attached to the notice or notices to be served in terms of subsection (3) of section 8 of the Act.

8.     Notice to appear before maintenance court

A notice in terms of subsection (3)of section 8 of the Act to appear before the maintenance court, and to be served on persons affected by the application re to in subsection (1) of section 7, shall be-in form M. 7.

9.     Application for direction against employer of responsible person

An application in terms of subsection (1) of section 9 of the Act for a direction to be made against the employer of a responsible person shall be in form M. 8.

10.   Notice to responsible person and employer

A notice in terms of subsection (2) of section 9 of the Act to appear before the- maintenance court issued upon a responsible person and his employer shall be in form M. 9

11.   Variation or rescission of order

• An application in terms of subsection (1) of section 12 of the Act for the variation or rescission of a direction, order, variation, extension or discharge or for the rehearing of an application shall be in form M. 10 and shall be completed in quadruplicate.
• The original copy of the application shall be filed with the clerk of the maintenance court, one copy shall be handed to the applicant and one copy shall be attached to the notice or notices to be served in terms of subsection (3) of section 12 of the Act.
• A notice in terms of subsection (3) of section 12 of the Act to persons affected by the application referred to in subsection (1)shall be in form M. 11.

12.   Payment of maintenance through clerk of maintenance court

• An application in terms of subsection (1) of section 19 of the Act for an order for the payment of maintenance through the clerk of the maintenance court shall be in form M. 12 and shall be completed in triplicate.
• The original copy of the application shall be filed with (be clerk of the maintenance court one copy shall be handed to the applicant and one copy shall be attached to the notice to be served in terms of subsection (1) of section 19 of the Act.
• A notice in terms of subsection (1) of section 19 of the Act to the person against whom an application for an order referred to in subsection (1) has been made shall be in form M. 13.

SCHEDULE (Section 2)