Maintenance Act, 1998 (Act No. 99 of 1998)Regulations Relating to MaintenanceChapter 5 : General and Supplementary Provisions24. Record of proceedings |
| 1) |
| a) | The proceedings at an enquiry shall be recorded by keeping minutes of— |
| i) | any maintenance order, including any provisional maintenance order as defined in the Reciprocal Enforcement of Maintenance Orders Act, 1963 (Act No. 80 of 1963) and the Reciprocal Enforcement of Maintenance Order, (Countries in Africa) Act, 1989 (Act No. 6 of 1989), made at any enquiry, and of any refusal to make any such maintenance order; |
| ii) | any variation of a maintenance order; |
| iii) | any evidence given at the enquiry and of any objection to any evidence given or tendered at the enquiry and of any ruling by the court; and |
| iv) | the proceedings generally. |
| b) | The maintenance court shall mark each document put in evidence and note such mark on the record. |
| 2) | The statement by an officer presiding at an enquiry referred to in regulation 15(3) shall become part of the record. |
| 3) |
| a) | The proceedings at an enquiry shall be recorded by the officer presiding at the enquiry or by any person appointed or designated thereto by the court, either generally or specially for the purpose of a particular enquiry, to take down or record the proceedings in shorthand or by mechanical means. |
| b) | No shorthand notes or mechanical record of the proceedings shall be transcribed unless an officer designated to preside in the court concerned otherwise directs. |
| c) | Any shorthand notes or any transcription thereof or any mechanical record of the proceedings shall be certified as true notes of such proceedings or as a true transcription of such notes or record by the person taking down such notes or making such record or transcription, as the case may be, and any such transcription shall thereupon become part of the record of the proceedings. |
| 4) | No person other than an officer in the Public Service, a person against whom a maintenance order has been or is to be made, a person in whose favour a maintenance order has been or is to be made, or the legal representative of any such person shall have access to any record referred to in this regulation, except with the leave of the presiding officer then holding office in the court in which the enquiry is to be or was held. |
| 5) | The record of the proceedings at a maintenance enquiry shall be accessible on payment of the fees prescribed in Table E of Annexure 2 to the Magistrates’ Courts Rules. |