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Maintenance Courts And Court Officers Maintenance Courts And Court Officers

Bronze medal Reporter Josily Posted 26 Jun 2019 Read More News and Blogs
Maintenance Courts And Court Officers

3 Maintenance courts

Every magistrate's court shall within its area of jurisdiction be a maintenance court for the purposes of this Act.

4 Maintenance officers

(1)(a) Any public prosecutor to whom a Director of Public Prosecutions has delegated the general power to institute and conduct prosecutions in criminal proceedings in a particular magistrate's court shall be deemed to have been appointed as a maintenance officer of the corresponding maintenance court.

(b) The National Director of Public Prosecutions shall, in consultation with the Minister, issue policy directions with a view to-

(i) establishing uniform norms and standards to be observed by public prosecutors in the performance of their functions as maintenance officers under this Act;

(ii) building a more dedicated and experienced pool of trained and specialised maintenance officers.

(c) The Minister shall cause a copy of any policy directions issued in terms of paragraph (b) to be tabled in Parliament as soon as possible after the issue thereof.

(2)Subject to the laws governing the public service, the Minister, or any officer of the Department of Justice authorised thereto in writing by the Minister, may appoint one or more persons as maintenance officers of a maintenance court-

(a) to appear in the maintenance court in proceedings under this Act; and (b) to exercise or perform any power, duty or function conferred upon or assigned to maintenance officers by or under this Act.

5 Maintenance investigators

(1)The Minister, or any officer of the Department of Justice and Constitutional Development authorised thereto in writing by the Minister, may-


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  1. subject to the laws governing the public service, appoint or designate one or more officers in the Department; or
  2. appoint in the prescribed manner and on the prescribed conditions one or more persons, as maintenance investigators of a maintenance court to exercise or perform any power, duty or function conferred upon or assigned to maintenance investigators by or under this Act.

(2)The Minister shall take all reasonable steps within the available resources of the Department of Justice to achieve the progressive realisation of the appointment of at least one maintenance investigator for each maintenance court.

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