Maintenance Act, 1970
Act 35 of 1970
- Assented to on 13 July 1970
- Commenced on 17 July 1970
- [This is the version of this document at 1 December 1998.]
1. Short titleThis Act may be cited as the Maintenance Act, 1970.
2. InterpretationIn this Act, unless the context otherwise requires—“Court” means a Magistrate’s Court of the First Class presided over by a judicial officer nominated by the Chief Justice by notice in the Gazette to preside over such courts for the purposes of this Act;“employer” includes the Government of Swaziland;“husband” and “wife” include persons married to each other in accordance with Swazi law and custom;“maintenance officer” means a person designated as such by the Minister in terms of section 4;“maintenance order” means an order for the periodical payment of sums of money towards the maintenance of any person made by any court (including the High Court) in Swaziland and except for the purposes of section 11, includes any sentence suspended on condition that the convicted person makes periodical payments of sums of money towards the maintenance of any other person; and“Minister” means the Minister for Home Affairs.
3. Maintenance courtsEvery Court shall within the area and the extent of its jurisdiction be a maintenance court for the purposes of this Act.
4. Maintenance officers
5. Maintenance officer to investigate complaints
6. Inquiry by maintenance court
7. Effect of maintenance order on existing ordersWhenever a Court makes an order under section 6 in substitution of or discharging a maintenance order, such maintenance order shall cease to be of force and effect and the maintenance officer shall forthwith give notice of the making of the order to the registrar or clerk of the court of the court which made the said maintenance order or which imposed the sentence concerned, as the case may be, who shall record the order in the relative records or registers.
8. Appeal against maintenance orderAny person aggrieved by an order made under section 6(3) shall have the same rights of appeal, mutatis mutandis, as are allowed in respect of judgments or decisions of subordinate courts.
9. Rights and privileges of witnesses
10. Hindering or obstructing an inquiryAny person who wilfully interrupts the proceedings at an inquiry under this Act or who wilfully hinders or obstructs the Court in the performance of its functions at any such inquiry shall be guilty of an offence and liable on conviction to a fine not exceeding one hundred emalangeni or to imprisonment for a period not exceeding six months or to both such fine and imprisonment.
11. Penalties for failure to comply with maintenance order
12. Court may authorize payment of maintenance monies by employer on behalf of employee
13. Person against whom maintenance order has been made to give notice of change of address
14. Rules and regulations
16. Reciprocity with other countriesWhenever the Minister is advised that in any other country there is in force a law—
History of this document
01 December 1998 this version
17 July 1970
13 July 1970