South African Institute for Drug Free Sport Act, 1997
R 385
Maintenance Act, 1998 (Act No. 99 of 1998)Regulations Relating to MaintenanceChapter 1 : Complaints and Investigations2A. Locating whereabouts of person who may be affected by order |
| (1) |
| (a) | A maintenance officer who, in terms of section 7(3)(a) of the Act, has failed to locate the whereabouts of a person who may be affected by an order, may apply in writing, on a form which corresponds substantially with Form R of the Annexure, to the maintenance court to issue a direction as contemplated in section 7(3)(b) of the Act. |
| (b) | An application for a direction as contemplated in subregulation(1)(a) shall be lodged with the clerk of the court who shall, within three working days, hand the application for a direction to the maintenance court. |
| (2) | After consideration of the application as contemplated in subregulation (1), the maintenance court may issue a direction in writing on a form which corresponds substantially with Form S of the Annexure, directing the electronic communications service providers to furnish the court in writing, with the contact information of the person on a form which corresponds substantially with Form T of the Annexure as contemplated in section 7(3)(b) of the Act on the date specified in the direction. |
| (3) | The direction as contemplated in subregulation (2) shall be submitted to the electronic communications service provider in the manner determined by the court which may include— |
| (i) | registered post; |
| (ii) | facsimile; or |
| (iii) | electronic mail: |
Provided that proof of submission by registered post and facsimile shall be kept and proof of receipt by the electronic communications service provider can be given by the person who sent the electronic mail.
| (4) |
| (a) | An electronic communications service provider may lodge an application as contemplated in section 7(3)(e) of the Act on a form which corresponds substantially with Form U of the Annexure, before or on the date specified in the direction referred to in subregulation (2). |
| (b) | Upon receipt of an application as contemplated in paragraph (a), the maintenance court shall inform the electronic communications service provider, in writing of the outcome of the application on a form which corresponds substantially with Form V of the Annexure. |
| (c) | The outcome of the application as contemplated in paragraph (a) shall be submitted to the electronic communications service provider, in the manner directed by the maintenance court. |
| (5) |
| (a) | Before a maintenance court directs the State to pay the costs as contemplated in section 7(3)(j) of the Act, the maintenance officer of such a maintenance court shall inform the maintenance court in writing whether there are available resources on the budget allocated to that court, upon which the maintenance court may direct the State to pay such costs in accordance with the financial prescripts applicable. |
| (b) | If a person is ordered in terms of section 7(3)(k) of the Act to refund the costs paid by the State, such payment must be made within 30 days after the court has made such an order. |
| (c) | The payment may be made— |
| (i) | in cash to the clerk of the court whereupon the clerk of the court shall immediately issue the person who makes the payment with a receipt; or |
| (ii) | by direct deposit or electronic fund transfer into the following account of the Department of Justice and Constitutional Development: |
Name of Account: Department of Justice and Constitutional Development Vote
Account
Account: Deposits
Bank: ABSA Corporate
Account number: 4053764491
Branch Code: 632005
Reference: MC Case number Refund
Provided that if a direct deposit or electronic fund transfer is made that proof of payment of such deposit or transfer shall be submitted to the clerk of the court within seven days.
[Regulation 2A inserted by section 2 of Notice No. R. 1473, GG 41352, dated 21 December 2017]
