Police Oversight and Community Safety
In relation to the enforcement of maintenance orders in the Western Cape:
- How many criminal summonses have been (i) issued and (ii) executed for maintenance orders against defaulting parties in (aa) 2019, (bb) 2020 and (cc) 2021, (b) how many cases are before the maintenance court and (c) what was the average turnaround time at the maintenance court in (i) 2019, (ii) 2020 and (iii) 2021?
The reply of the South African Police Service (SAPS): 7. Maintenance is dealt with by the following process: The applicant will apply for maintenance at the maintenance court where after a summons will be issued by the court for both the applicant and respondent to appear in court in order to agree on the amount, the date the maintenance will be paid as well how the money will be paid to the applicant. A court order is then issued by the court indicating the agreed amount, date and means of payment of the maintenance. A copy of the court order is provided to both the applicant and the respondent. Should the respondent not comply with the court order, a warrant of arrest could be issued. The payment of maintenance becomes a criminal matter if and when the court order is contravened.
