Domestic violence and the older persons act 13 of 2006 The Domestic Violence Act should be used hand in hand with the Older Persons Act, when issues of abuse of elderly people are brought to the attention...
“Maintenance” refers to the financial support provided by one person to another, typically to ensure that the recipient has adequate means for their living expenses. The primary focus is on the maintenance...
Harassment refers to a person acting in a manner that causes the complainant to fear harm. Harm refers to any mental, psychological, physical or economic harm. A complainant may become ill, both mentally...
“Maintenance” refers to the financial support provided by one person to another, typically to ensure that the recipient has adequate means for their living expenses. The primary focus is on the maintenance of children, ensuring their basic needs such as food, clothing, education, and healthcare are met. However, it can also apply to the support of a spouse or other dependents such as parents, grandparents and siblings.
Section 3 and Regulation 6(2) regulates the issue of jurisdiction.
Section 3 of The Maintenance Act provides: that every Magistrate’s Court within its area of jurisdiction is also a maintenance Court.
Regulation 6(2) provides: after investigating the complaint, the maintenance officer may institute an enquiry in the maintenance court within the area of jurisdiction in which the person to be maintained, or the person in whose care the person to be maintained is, resides, carries on business or is employed with a view to enquiring into the provision of maintenance for the person so to be maintained.
The duty of support exists until the child becomes self-supporting and is not linked to the child turning 18. The fact that a child has reached the age of majority and is employed does not mean that such person is completely self-supporting. In such event parents will be responsible to maintain such major to the extent that the major is unable to support themselves. This is conditional upon the parents having the necessary means to do so.
This is regulated by section 18 of the Act titled Orders by default: which provides: “(1) If a maintenance court is satisfied on the grounds of sufficient proof or otherwise
(a) that any person against whom an order may be or has been made under section 16 (1) (a) or (b) or that any person in whose favour such an order has been made-
(i) has knowledge of a subpoena issued under section 9; or
(ii) has appeared before the court and was warned by the court to appear at a later date, time and place before the court
It is important to note from this section that the use of the word subpoena is used in a section 10 enquiry. A subpoena cannot be issued in a section 6 enquiry and only directives are issued in such an enquiry therefore orders by default cannot be made in section 6 enquiries.
After the parties met at the section 6 enquiry with the Maintenance Officer and it was not capable of settlement, the matter proceeds to court to enable the court to holds an inquiry in terms of section 10.
If the Presiding Officer is satisfied that the requirements have been complied with then the court can either consider issuing a warrant of arrest if the subpoenaed person fails to appear at court or consider a request by the complainant for an order by default.
Duties placed on maintenance officer in preperation for the section 10 enquiry: codified instructions paragraph 17