• A criminal offence if a person fails to comply with a maintenance order? Discussion of section 31
• Case law on sentencing of maintenance defaulters
• Is there any defense against a criminal charge for non-compliance with a court order?
• Explanation of the elements of an offence that the State needs to prove
• How will the State establish the element of a guilty mind of an accused by not paying maintenance?
• How do a lay a criminal charge if the respondent fails to pay maintenance / are in arrears with maintenance
• Discussion of section 305 of the Children’s Act
• Conversions of a criminal trail into a maintenance enquiry – when does this happen and why?
• General discussion on the criminalization of maintenance defaulters
• J165 and J50 warrants of arrest – detailed explanation

This section contains pre-reading material that you should read through at your leisure before the webinar.  The webinar handout you would find on the next tab – we suggest that you download and print the handout / webinar material before the start of the webinar as we will be referring to sections in the handout during the course of the webinar.

 

• Pre-reading material: Things you should know before you apply for child maintenance 
• Blank J101 application form  
• Bannatyne v Bannatyne and Another (CCT18/02) [2002] ZACC 31; 2003 (2) BCLR 111 ; 2003 (2) SA 363 (CC) (20 December 2002) 

This section contains the slideshow (if used), webinar handout and important resources that we will be referring back to during the webinar. Please download and print these before the start of the webinar or have them available electronically to enhance your learning experience.

 

• Maintenance Act, Act 99 of 1989

• Regulations Maintenance Act 99/1989

• Handout: How does criminal prosecutions work?

• Slides: How does criminal prosecutions work?

• NPA guideline How to apply for prosecute maintenance defaulters and section 41 conversions

• J50 warrant of arrest to secure attendance of respondent in court

• J50 warrant of arrest application form

• Example of a section 31 charge sheet used in criminal trials

 

Prescribed maintenance forms:

• Form Q [J470] – Complaint of Failure to Comply with a Maintenance Order for purposes of Section 31(1) of the Maintenance Act, 1998 [Regulation 6] 
• FORM W- Blacklisting of maintenance defaulter

 

Relevant case law:

• Summary of reported decisions on criminal maintenance cases

• S v Magagula 2001(2) SACR 123(T) – failure to pay maintenance

• S v Visser 2004(1) SACR 393 (SCA)