South African Council for Educators Act, 2000
R 385
Maintenance Act, 1998 (Act No. 99 of 1998)Chapter 6 : Offences and Penalties31. Offences relating to maintenance orders |
| (1) | Subject to the provisions of subsection (2), any person who fails to make any particular payment in accordance with a maintenance order shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding three years or to such imprisonment without the option of a fine. |
[Section 31(1) substituted by section 13(a) of Act No. 9 of 2015]
| (2) | If the defence is raised in any prosecution for an offence under this section that any failure to pay maintenance in accordance with a maintenance order was due to lack of means on the part of the person charged, he or she shall not merely on the grounds of such defence be entitled to an acquittal if it is proved that the failure was due to his or her unwillingness to work or misconduct. |
| (3) | If the name of a person stated in a maintenance order as the person against whom the maintenance order has been made corresponds substantially to the name of the particular person prosecuted for an offence under this section, any copy of the maintenance order certified as a true copy by a person who purports to be the registrar or clerk of the court or other officer having the custody of the records of the court in the Republic where the maintenance order was made, shall on its production be prima facie proof of the fact that the maintenance order was made against the person so prosecuted. |
| (4) | If a person has been convicted of an offence under this section, the maintenance officer shall, notwithstanding anything to the contrary contained in any law, in the prescribed manner, furnish that person's personal particulars to any business which has as its object the granting of credit or is involved in the credit rating of persons. |
[Section 31(4) substituted by section 13(b) of Act No. 9 of 2015]
