| (a) |
A maintenance officer who has instituted an enquiry in a maintenance court may cause any person, including any person legally liable to maintain any other person or any person in whose favour a maintenance order has already been made, to be subpoenaed— |
| (i) |
to appear before the maintenance court and give evidence; or |
| (ii) |
to produce any book, document or statement. |
| (b) |
A book, document or statement referred to in paragraph (a)(ii) includes— |
| (i) |
any book, document or statement relating to the financial position of any person who is affected by the legal liability of a person to maintain any other person, or in whose favour a maintenance order has been made; and |
| (ii) |
in the case where such person is in the service of an employer, a statement which gives full particulars of his or her earnings and which is signed by the employer. |
[Section 9(1) substituted by section 3 of Act No. 9 of 2015]
| (a) |
Any person to be subpoenaed as a witness shall, subject to paragraph (b), be subpoenaed in the manner in which a person may be subpoenaed to appear before a magistrate's court in a criminal trial. |
| (b) |
The form of the subpoena shall be as prescribed. |
| (c) |
The provisions of section 181 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), are, subject to section 11(2), not applicable to any person against whom a maintenance order may be made under this Act. |
Implementation of Geneva Conventions Act, 2012
