Maintenance Act, 1998 (Act No. 99 of 1998)Chapter 5 : Civil Execution27. Warrants of execution |
| (1) | The maintenance court may, on the application of a person referred to in section 26(2)(a), authorise the issue of a warrant of execution against the movable property of the person against whom the maintenance or other order in question was made and, if the movable property is insufficient to satisfy such order, then against the immovable property of the latter person to the amount necessary to cover the amount which the latter person has failed to pay, together with any interest thereon, as well as the costs of the execution. |
(2)
| (a) | A warrant of execution authorised under this section shall be— |
| (i) | prepared in the prescribed manner by the person in whose favour the maintenance or other order in question was made; |
| (ii) | issued in the prescribed manner by the clerk of the maintenance court; and |
| (iii) | executed in the prescribed manner by the sheriff or maintenance investigator. |
| (b) | The person in whose favour the maintenance or other order in question was made shall be assisted by the maintenance investigator or, in the absence of a maintenance investigator, by the maintenance officer in taking the prescribed steps to facilitate the execution of the warrant. |
| (3) | A maintenance court may, on application in the prescribed manner by a person against whom a warrant of execution has been issued under this section, set aside the warrant of execution if the maintenance court is satisfied that he or she has complied with the maintenance or other order in question. |
| (4) | A maintenance court may, on application in the prescribed manner by a person against whom a warrant of execution has been issued under this section— |
| (a) | in summary manner enquire into the circumstances mentioned in subsection (5); and |
| (b) | if the maintenance court so decides, suspend the warrant of execution and make an order— |
| (i) | for the attachment of emoluments referred to in section 28(1); or |
| (ii) | for the attachment of any debt referred to in section 30(1). |
| (5) | At the enquiry the maintenance court shall take into consideration— |
| (a) | the existing and prospective means of the person against whom the warrant of execution has been issued; |
| (b) | the financial needs and obligations of, or in respect of, the person maintained by the person against whom the warrant of execution has been issued; |
| (c) | the conduct of the person against whom the warrant of execution has been issued in so far as it may be relevant concerning his or her failure to satisfy the maintenance or other order in question; and |
| (d) | the other circumstances which should, in the opinion of the court, be taken into consideration. |
(6)
| (a) | Any person who wishes to make an application under subsection (3) or (4) shall give notice in the prescribed manner of his or her intention to make the application to the person in whose favour the maintenance or other order in question was made, which notice shall be served at least 14 days before the day on which the application is to be heard. |
| (b) | The maintenance court may call upon— |
| (i) | the person who has made the application to adduce such evidence, either in writing or orally, in support of his or her application as the maintenance court may consider necessary; or |
| (ii) | the person in whose favour the maintenance or other order in question was made to adduce such evidence, either in writing or orally, in rebuttal of the application as the maintenance court may consider necessary. |