Government Notice No. 1473 of 2017

Maintanance Act (99/1998) » Amendment of Regulations relating to Maintenance

Title	Maintanance Act (99/1998) » Amendment of Regulations relating to Maintenance
Department	Justice and Constitutional Development
Gazette	Regulation Gazettes, No. 41352 of 21 December, 2017, 9 page(s), 1.4Mb

STAATSKOERANT, 21 DESEMBER 2017                        No. 41352    5

GOVERNMENT NOTICE
                                                       
                            DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
                            DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
          NO. R. 1473                                                                       21 DECEMBER 2017
              No. R.
          R.   2017
               MAINTENANCE ACT, 1998 (ACT NO. 99 OF 1998): AMENDMENT OF REGULATIONS RELATING
                                                    TO MAINTENANCE

The Minister of Justice and Correctional Services has under section 44 of the Maintenance Act, 1998 (Act
              No. 99 of 1998), made the regulations in the Schedule.

SCHEDULE
              Definitions

1.     In this Schedule "the Regulations" means the Regulations relating to Maintenance
              published under Government Notice No. R. 1361 of 15 November 1999, as amended by Government
              Notice No. R. 1099 of 3 November 2006.

Insertion of regulation 2A in Regulations

2.     The following regulation is hereby inserted after regulation 2:

"Locating whereabouts of person who may be affected by order

2A.     (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.

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Government Notice No. 1473 of 2017

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