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

Chapter 3 : Maintenance Enquiries

Complaints and Investigations

8. Examination of persons by maintenance officer

 

(1) A magistrate may, prior to or during a maintenance enquiry and at the request of a maintenance officer, require the appearance before the magistrate or before any other magistrate, for examination by the maintenance officer, of any person who is likely to give relevant information concerning—
(a) the identification or the place of residence or employment of any person who is legally liable to maintain any other person or who is allegedly so liable; or
(b) the financial position of any person affected by such liability.

 

(2)
(a) The provisions of sections 162, 163,164(1), 165, 179 to 181, 187, 191 and 204 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall, with the necessary changes, apply in respect of the examination of any person under this section.
(b) If the person who is required to appear before a magistrate furnishes the information in question to the satisfaction of the maintenance officer concerned in advance of the day on which he or she is required so to appear, the maintenance officer shall discharge him or her from the obligation so to appear.

 

(3) The examination of any person under this section may be conducted in private at a place designated by the magistrate.

 

 


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