Statistics Act, 1999
R 385
Maintenance Act, 1998 (Act No. 99 of 1998)Chapter 7 : Orders Relating to Prosecutions40. Recovery of arrear maintenance |
| (1) | A court with civil jurisdiction convicting any person of an offence under section 31(1) may, on the application of the public prosecutor and in addition to or in lieu of any penalty which the court may impose in respect of that offence, grant an order for the recovery from the convicted person of any amount he or she has failed to pay in accordance with the maintenance order, together with any interest thereon, whereupon the order so granted shall have the effect of a civil judgment of the court and shall, subject to subsection (2), be executed in the prescribed manner. |
| (2) | A court granting an order against a convicted person may— |
| (a) | in a summary manner enquire into the circumstances mentioned in subsection (3); and |
| (b) | if the court so decides, authorise the issue of a warrant of execution against the movable or immovable property of the convicted person in order to satisfy such order. |
| (3) | At the enquiry, the court shall take into consideration— |
| (a) | the existing and prospective means of the convicted person; |
| (b) | the financial needs and obligations of, or in respect of, the person maintained by the convicted person; |
| (c) | the conduct of the convicted person in so far as it may be relevant concerning his or her failure to pay in accordance with the maintenance order; and |
| (d) | the other circumstances which should, in the opinion of the court, be taken into consideration. |
| (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 an order granted under this section. |
