| (1) | The maintenance court holding an enquiry may at any time during the enquiry cause any person to be subpoenaed as a witness or examine any person who is present at the enquiry, although he or she was not subpoenaed as a witness, and may recall and re-examine any person already examined. |
| (1A) | Where circumstances permit and where a Family Advocate is available, a maintenance court may, in the circumstances as may be prescribed in the Mediation in Certain Divorce Matters Act, 1987, (Act No. 24 of 1987), at any time during the enquiry, cause an investigation to be carried out by a Family Advocate, contemplated in the Mediation in Certain Divorce Matters Act, 1987, in whose area of jurisdiction that maintenance court is, with regard to the welfare of any minor or dependent child affected by such enquiry, whereupon the provisions of that Act, apply with the changes required by the context. |
| (2) | The maintenance court shall administer an oath to, or accept an affirmation from, any witness appearing before the maintenance court and record the evidence of that witness. |
| (3) | Any party to proceedings under this Act shall have the right to be represented by a legal representative. |
| (4) | No person whose presence is not necessary shall be present at the enquiry, except with the permission of the maintenance court. |
| (5) | Save as is otherwise provided in this Act, the law of evidence, including the law relating to the competency, compellability, examination and cross-examination of witnesses, as applicable in respect of civil proceedings in a magistrate's court, shall apply in respect of the enquiry. |
(6)
| (a) | A maintenance court shall conclude maintenance enquiries as speedily as possible and shall ensure that postponements are limited in number and in duration. |
| (b) | A maintenance court may, where a maintenance order has not been made and a postponement of the enquiry is necessary and if the court is satisfied that— |
| (i) | there are sufficient grounds prior to such postponement indicating that one of the parties is legally liable to maintain a person or persons; and |
| (ii) | undue hardship may be suffered by the person or persons to be maintained as a result of the postponement, |
subject to paragraph (c), make an interim maintenance order which the maintenance court may make under section 16(1)(a).
| (c) | When the maintenance court subsequently makes any order under section 16, the maintenance court may— |
| (i) | make an order confirming the interim maintenance order referred to in paragraph (b); or |
| (ii) | set aside such interim maintenance order or substitute it with any other order which the maintenance court may consider just in the circumstances. |
[Section 10(6) inserted by section 4 of Act No. 9 of 2015]
