Draft Maintenance Amendment Bill, 2021
Updated: Apr 11
A notice of intention to introduce the draft Maintenance Amendment Bill, 2021 was gazetted on 10 December 2021 (GenN709 GG 45616 p140 10Dec2021). The draft Maintenance Amendment Bill, 2021 is a Private Member’s Bill. Comments are invited by 31 January 2022.
The notice provides the following information on the draft Bill:
“The draft Bill accordingly seeks to amend the Maintenance Act to, inter alia, provide for the
(a) Process and criteria for provisional maintenance: An assessment upon lodgement of a maintenance claim of any undue hardship to the complainant if required to follow the current process, and where prima facie evidence is found, application for, and granting and service of, an ex parte provisional maintenance order in respect of maintenance for the complainant and children in their care, in the form of a rule nisi;
(b) the duration of the provisional maintenance order be until the final determination of the matter or a formal hearing in terms of Uniform Rule 43 of the High Court or Rule 58 of the Magistrates’ Court Rules;
(c) application for a garnishee order where the respondent fails to abide the provisional maintenance order;
(d) the complainant being advised of, and entitled to claim, allowances for subsistence and travel to and from court;
(e) the option to resolve any maintenance enquiry or investigation related dispute through mediation or arbitration; and
(f) consequential amendments to other legislation as may be necessary.”
A copy of the Bill is available here below.
Date posted: 13 December 2021