| (a) |
against whom any maintenance order has been made, has failed to make any particular payment in accordance with that maintenance order; or |
| (b) |
against whom any order for the payment of a specified sum of money has been made under section 16(1)(a)(ii), 20 or 21(4) has failed to make such a payment, |
such order shall be enforceable in respect of any amount which that person has so failed to pay, together with any interest thereon—
| (i) |
by execution against property as contemplated in section 27; |
| (iii) |
by the attachment of any debt as contemplated in section 30. |
(2)
| (a) |
If any maintenance order or any order made under section 16(1)(a)(ii), 20 or 21(4) has remained unsatisfied for a period of ten days from the day on which the relevant amount became payable or any such order was made, as the case may be, the person in whose favour any such order was made may apply to the maintenance court where any such order was made— |
| (i) |
for the authorisation of the issue of a warrant of execution referred to in section 27(1); |
| (ii) |
for an order for the attachment of emoluments referred to in section 28(1); or |
| (iii) |
for an order for the attachment of any debt referred to in section 30(1). |
| (b) |
The application shall be made in the prescribed manner and shall be accompanied by— |
| (i) |
a copy of the maintenance or other order in question; and |
| (ii) |
a statement under oath or affirmation setting forth the amount which the person against whom such order was made has failed to pay. |
| (2A) |
On the granting of an application contemplated in subsection (2) by a maintenance court, the maintenance officer or clerk of the court at the request of the maintenance officer, shall, notwithstanding anything to the contrary contained in any law, in the prescribed manner, furnish the particulars of the person against whom a maintenance order has been made and a certified copy of the order of the court contemplated in subsection (2)(a)(i), (ii) or (iii), to any business which has as its object the granting of credit or is involved in the credit rating of persons. |
[Section 26(2A) inserted by section 11 of Act No. 9 of 2015]
| (3) |
A maintenance court shall not authorise the issue of a warrant of execution or make any order for the attachment of emoluments or any debt in order to satisfy a maintenance order— |
| (a) |
if the payment of maintenance in accordance with that maintenance order has been suspended by an appeal against the order under section 25; or |
| (b) |
if that maintenance court has made an order referred to in section 16(2). |
| (4) |
Notwithstanding anything to the contrary contained in any law, any pension, annuity, gratuity or compassionate allowance or other similar benefit shall be liable to be attached or subjected to execution under any warrant of execution or any order issued or made under this Chapter in order to satisfy a maintenance order. |
Close Corporations Act, 1984
