Maintenance Act, 1998 (Act No. 99 of 1998) Schedule Laws Repealed or Amended

 

(Section 45)

 

Act No. 24 of 1956: Pension Funds Act, 1956

The amendment of section 37A by the substitution in subsection (1) for the words preceding the proviso of the following words:

"Save to the extent permitted by this Act, the Income Tax Act, 1962 (Act No. 58 of 1962), and the Maintenance Act, [1963 (Act No. 23 of 1963)] 1998, no benefit provided for in the rules of a registered fund (including an annuity purchased or to be purchased by the said fund from an insurer for a member), or right to such benefit, or right in respect of contributions made by or on behalf of a member, shall, notwithstanding anything to the contrary contained in the rules of such a fund, be capable of being reduced, transferred or otherwise ceded, or of being pledged or hypothecated, or be liable to be attached or subjected to any form of execution under a judgement or order of a court of law, or to the extent of not more than three thousand rand per annum, be capable of being taken into account in a determination of a judgement debtor's financial position in terms of section 65 of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944), and in the event of the member or beneficiary concerned attempting to transfer or otherwise cede, or to pledge or hypothecate, such benefit or right, the fund concerned may withhold or suspend payment thereof:"

 

Act No. 23 of 1963: Maintenance Act, 1963

The repeal of the whole.

 

Act No. 80 of 1963: Reciprocal Enforcement of Maintenance Orders Act, 1963

" 'maintenance court' means any maintenance court as defined in section 1 of the Maintenance Act, 1998;"; and

" 'maintenance order' means any order, other than an order of affiliation, for the [periodical] payment, including the periodical payment, by any person of sums of money towards the maintenance of any other person whom he or she is liable to maintain in accordance with the law of the country in which the order is made;".

 

" (5) The provisions of sections [eight, nine and ten] 11, 33 and 35 of the Maintenance Act, [1963] 1998, shall mutatis mutandis apply in respect of any enquiry held under this section.".

 

"6. Certain maintenance orders deemed for certain purposes to have been made under Maintenance Act, 1998

Any maintenance order registered under section [three] 3 or confirmed under section [four] 4 shall for the purposes of sections [eleven, twelve and fourteen] 16(2) to (4), 31, 38 and 40 of the Maintenance Act, [1963] 1998, be deemed to be a maintenance order made under that Act by the maintenance court where [such] the order has been so registered or confirmed: Provided that in a prosecution for a contravention of the said section [eleven] 31 in respect of an order registered under section [three] 3, the provisions of section [thirteen] 41 of the said Act shall not apply.".

 

"(1) Notwithstanding anything to the contrary in any [other] law contained, an enquiry may be held under [section five of] the Maintenance Act, [1963] 1998, in the absence of any person resident in a proclaimed country who may be legally liable to maintain any person in the Republic, provided the evidence of all witnesses at the enquiry is read over to and signed by them."; and

"(4) Upon confirmation of a provisional maintenance order in terms of this section, it shall be deemed to be an order made under paragraph (a) or (b) [of subsection (4)] of section [five] 16(1) of the Maintenance Act, [1963] 1998, as the case may be, by the court which made [such] the provisional order.".

 

Act No. 19 of 1967: Maintenance Amendment Act, 1967

The repeal of the whole.

 

Act No. 39 of 1970: Maintenance Amendment Act, 1970

The repeal of the whole.

 

Act No. 79 of 1974: Members of the Coloured Persons Representative Council Pensions Act, 1974

The amendment of section 14 by the substitution for subsection (1) of the following subsection:

"(1) No pension or benefit payable under this Act, and no right in respect of any such pension or benefit, shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section [11(2)] 26 or 40 of the Maintenance Act, [1963 (Act No. 23 of 1963)] 1998, be liable to be attached or subject to any form of execution under a judgement or order of a court of law.".

 

Act No. 86 of 1974: Members of the South African Indian Council Pensions Act, 1974

The amendment of section 14 by the substitution for subsection (1) of the following subsection:

"(1) No pension or benefit payable under this Act, and no right in respect of any such pension or benefit, shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section [11(2)] 26 or 40 of the Maintenance Act, [1963 (Act No. 23 of 1963)] 1998, be liable to be attached or subject to any form of execution under a judgement or order of a court of law.".

 

Act No. 51 of 1977: Criminal Procedure Act, 1977

The amendment of section 195 by the substitution for paragraph (c) of subsection (1) of the following paragraph:

"(c) any contravention of any provision of section [11(1)] 31(1) of the Maintenance Act, [1963 (Act No. 23 of 1963)] 1998, or of such provision as applied by any other law;".

 

Act No. 29 of 1979: General Pensions Act, 1979

The amendment of section 2 by the substitution for subsection (1) of the following subsection:

"(1) No annuity or benefit or right in respect of an annuity or benefit payable under a pension law shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section [11(2)] 26 or 40 of the Maintenance Act, [1963 (Act No. 23 of 1963)] 1998, be liable to be attached or subjected to any form of execution under a judgement or order of a court of law.".

 

Act No. 34 of 1986: Special Courts for Blacks Abolition Act, 1986

The repeal of so much of the Schedule as relates to the Maintenance Act, 1963.

 

Act No. 6 of 1989: Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989

" 'maintenance court' means any maintenance court as defined in section 1 of the Maintenance Act, 1998;"; and

" 'maintenance order' means any order for the [periodical] payment, including the periodical payment, by any person of sums of money towards the maintenance of any other person whom the firstmentioned person is liable to maintain in accordance with the law of the country in which the order is made;".

 

"(1) Notwithstanding anything to the contrary in any law contained, an enquiry may be held under [section 5 of] the Maintenance Act, [1963 (Act No. 23 of 1963)] 1998, in the absence of any person resident in a designated country who may be legally liable to maintain any person in the Republic, provided the evidence of all witnesses at the enquiry is read over to and signed by them.".

 

"(6) The provisions of sections [8, 9 and 10] 11, 33 and 35 of the Maintenance Act, [1963] 1998, shall apply mutatis mutandis in respect of any enquiry held under this section.".

 

"7. Certain maintenance orders deemed for certain purposes to have been made under Maintenance Act, 1998

Any maintenance order registered under section 4 or confirmed under section 6 shall for the purposes of sections [11, 12 and 14] 16(2) to (4), 31, 38 and 40 of the Maintenance Act, [1963] 1998, be deemed to be a maintenance order made under section [5(4)] 16(1) of the said Act by the maintenance court where [such] the order has been so registered or confirmed: Provided that in a prosecution for a contravention of the said section [11] 31 in respect of an order registered under section 4 of this Act, the provisions of section [13] 41 of the said Act shall not apply.".

 

"8. Transmission to designated country of emoluments attachment order made in the Republic

When it appears to any court in the Republic that any person in respect of whom it has, before or after the commencement of this Act, made an order under section [12(1)] 16(2) of the Maintenance Act, [1963] 1998, is resident in the Republic but is employed or is in receipt of a salary, wage or any other form of remuneration or allowance in a designated country, that country may transmit a certified copy of the record of the proceedings in which the order was made to the Director-General for transmission to the administrative head of the Department of Justice of such designated country.".

 

"(3) Any order registered under subsection (1) and any notice issued under subsection (2), shall, for the purposes of [subsections (2) and (3) of section 12] sections 16(3)(b) and (c) and 38 of the Maintenance Act, [1963] 1998, be deemed to be an order made [or] under subsection (2) of section 16 of that Act and a notice issued under [section 12(1) of that Act] subsection (3)(a) of the said section 16, respectively.".

 

"(1) Subject to the provisions of this Act and any rules made thereunder, the procedure and rules of evidence, including the competency, compellability, examination or cross-examination of witnesses, to be followed at or in connection with an enquiry under the Maintenance Act, [1963] 1998, shall, in so far as they can be applied, apply mutatis mutandis to enquiries under section 6(4).".

 

Act No. 2 of 1991: Maintenance Amendment Act, 1991

The repeal of the whole.

 

Act No. 204 of 1993: General Law Sixth Amendment Act, 1993

The repeal of sections 3 and 4.

 

Act No. 18 of 1996: Justice Laws Rationalisation Act, 1996

The amendment of section 10—

"(1) Notwithstanding the provisions of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989 (Act No. 6 of 1989), or the coming into operation of the Constitution, any maintenance order registered in terms of section 4 of the Reciprocal Enforcement of Maintenance Orders (Countries in Africa) Act, 1989, or confirmed in terms of section 6 of that Act or under any corresponding law in force in any of the affected territories, shall continue to be in force, and shall be deemed to be a maintenance order made under section [5(4)] 16(1)(a)(i) or [5(4)](b)(i) of the Maintenance Act [1963 (Act No. 23 of 1963)] 1998, as the case may be, by the maintenance court where such order has been so registered or confirmed."; and

"(2) Any maintenance order, or other order related thereto, made in any affected territory under any law repealed by this Act, shall continue to be in force, and shall be deemed to have been made under a corresponding provision of the Maintenance Act, [1963] 1998.".

 

Proclamation No. 21 of 1996: Government Employees Pension Law, 1996

The amendment of section 21 by the substitution for subsection (1) of the following subsection:

"(1) No benefit or right in respect of a benefit payable under this Act shall be capable of being assigned or transferred or otherwise ceded or of being pledged or hypothecated or, save as is provided in section [11(2)] 26 or 40 of the Maintenance Act, [1963 (Act No. 23 of 1963)] 1998, and section 7(8) of the Divorce Act, 1979 (Act No. 70 of 1979), be liable to be attached or subjected to any form of execution under a judgement or order of a court of law.".

 

Act No. 104 of 1996: Judicial Matters Amendment Act, 1996

The repeal of section 9.