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

Chapter 5 : Civil Execution

28. Attachment of emoluments

 

(1) A maintenance court may—
(a) on the application of a person referred in section 26(2)(a);
(b) when such court suspends the warrant of execution under section 27(4)(b);
(c) when such court suspends the order for the attachment of debt under section 30(1); and
(d) where applicable, after hearing the evidence, either in writing or orally, of the employer of the person in question,

make an order for the attachment of any emoluments at present or in future owing or accruing to the person against whom the maintenance or other order in question was made to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the attachment or execution, which order shall authorise any employer of the latter person to make on behalf of the latter person such payments as may be specified in the order from the emoluments of the latter person until such amount, interest and costs have been paid in full: Provided that nothing precludes the court from making an order in terms of this subsection if it is of the opinion that any further postponement of the enquiry in order to obtain the evidence of the person referred to in paragraph (d) will give rise to an unreasonable delay in the finalisation of the enquiry, to the detriment of the person or persons to be maintained.

[Section 28(1) substituted by section 12 of Act No. 9 of 2015]

 

(2)        

(a) An order under this section may at any time, on good cause shown, be suspended, amended or rescinded by the maintenance court.
(b) Any person who wishes to make an application for the suspension, amendment or rescission of an order under this section shall give notice in the prescribed manner of his or her intention to make the application to the person in whose favour that order was made, which notice shall be served at least 14 days before the day on which the application is to be heard.
(c) The maintenance court may call upon—
(i) the person who has made the application to adduce such evidence, either in writing or orally, in support of his or her application as the maintenance court may consider necessary; or
(ii) the person in whose favour an order under this section was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary.

 

 


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