(LL19-2023) How does criminal prosecutions work?


Pre-reading material

Video presentation

Training manual

Online assessment


Reading (15 minutes)

Video (45 minutes)

Online assessment (15 minutes)


Online (15 minutes)

Multiple choice

Written assessment


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Virtual training

• 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:


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)


(LL03-2023) How to complete the J101 maintenance application form

Your first name:
Your last name (surname):
Your email address:
Your job title:
In which your do you operate?
The Maintenance Act is the most important instrument of enforcement of maintenance in South African law.
Which section of the Constitution protects the right of children?
Where could complaints obtain the J101 form?
Give your understanding of what paragraph 15 of the DOJ Codified instructions, code family courts –maintenance 26/2015 means:
What happens if the complainant does not have the details (work or home address) of the other parent?
If the children lives with a caregiver (such as a grandparent) can they claim maintenance?
I am asked how much (amount) the claimant can get for maintenance. How would you answer?
Can a complainant claim winter / summer / Christmas clothes as part of the maintenance order?
How is the expenses split between the parent and the children? Which approach is followed in Courts?
Name 3 difficulties that complainants encounter when completing the J101 form:

Introductory training video

Maintenance officer specific training video

If your have any enquiries / questions relating to this module, please send us an email using this form and one of our panel of attorneys will respond within 24 hours.