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Maintenance Act, 1998 (Act No. 99 of 1998)

Chapter 3 : Maintenance Enquiries

Documentary evidence

12. Proof of statements in writing by consent

 

(1) In the enquiry a statement in writing made in the prescribed manner by any person, other than a person against whom a maintenance order may be made under this Act, shall, subject to subsection (2), be admissible as evidence to the same extent as oral evidence to the same effect by the person concerned.

 

(2)
(a) A copy of the statement, together with a copy of every document referred to in the statement as an exhibit, shall at least 14 days before the date on which the statement is to be submitted as evidence, be served on the person against whom a maintenance order may be made under this Act, and he or she may at least seven days before the commencement of the enquiry object to the statement being submitted as evidence under this section.
(b) If the person—
(i) objects in accordance with paragraph (a) to the statement being submitted as evidence, such statement shall not, subject to subparagraph (ii), be admissible as evidence under this section; or
(ii) does not object in accordance with paragraph (a) or come to an arrangement with the maintenance officer before or during the enquiry that the statement may be submitted as evidence, such statement may on its production at the enquiry be admitted as evidence in the enquiry.
(c) When the statement is served on the person, such statement shall be accompanied by the prescribed notification in writing.

 

(3) Any person against whom a maintenance order may be made under this Act may before or during the enquiry come to an arrangement with the maintenance officer that any statement referred to in subsection (1), notwithstanding the fact that it was not served on him or her in terms of subsection (2), be submitted as evidence, whereupon such statement may on its production at the enquiry be admitted as evidence in the enquiry.

 

(4) Any document referred to as an exhibit and identified in a statement in writing submitted as evidence under this section shall be treated as if it had been handed in as an exhibit and identified in the maintenance court by the person who made the statement.