Reciprocal Enforcement of Maintenance Orders Act, 1995
Act 3 of 1995
- Published in Government Gazette no. 1035 on 27 February 1995
- Assented to on 13 February 1995
- Commenced on 27 February 1995
- [This is the version of this document from 17 November 2003 and includes any amendments published up to 6 October 2022.]
- [Amended by Maintenance Act, 2003 (Act 9 of 2003) on 17 November 2003]
1. DefinitionsIn this Act, unless the context otherwise indicates -“certified copy”, in relation to an order of court, means a copy certified by an appropriate officer of a court to be a true copy;“designated country” means a country declared as such under section 2(1);“Maintenance Act” means the Maintenance Act, 2003 (Act No. 9 of 2003);[definition of “Maintenance Act” substituted by Act 9 of 2003]“maintenance court” means a maintenance court referred to in section 6 of the Maintenance Act;[definition of “maintenance court” substituted by Act 9 of 2003]“maintenance order” means any order for the periodical payment by any person of sums of money towards the maintenance of any other person whom the first-mentioned person is liable to maintain in accordance with the law of the country in which the order is made;“Minister” means the Minister of Justice;“Permanent Secretary” means the Permanent Secretary: Justice;“prescribed” means prescribed by rules made under this Act;“provisional maintenance order” means a maintenance order having no effect unless and until confirmed by a competent court in the country in which the person against whom it has been made, is resident.
2. Designation of countries for purposes of this Act
3. Transmission of maintenance orderWhen it appears to any court in Namibia that any person against whom it has, before or after the commencement of this Act, made, registered or confirmed a maintenance order, is resident in a designated country, that court shall, with a view to the registration of the maintenance order, transmit to the Permanent Secretary a certified copy of such order for transmission to the administrative head of the Department of Justice of that designated country.
4. Registration of maintenance ordersWhen a certified copy of a maintenance order made before or after the commencement of this Act by any court in a designated country against any person resident in Namibia, is transmitted to the Permanent Secretary by the administrative head of the Department of Justice of that designated country, the Permanent Secretary shall transmit that copy of the maintenance order to the maintenance court in whose area of jurisdiction the person against whom such order was made, resides or is alleged to reside, and such order shall on receipt thereof be registered by that maintenance court in the prescribed manner.
5. Provisional maintenance orders against persons resident in designated countries
6. Confirmation of provisional maintenance orders
7. Certain maintenance orders deemed for certain purposes to have been made under Maintenance ActAny maintenance order registered in terms of section 4 or confirmed under section 6 shall, for the purposes of sections 17(5), 28, 29, 30, 31, 32, 33, 39 and 45 of the Maintenance Act, be deemed to be a maintenance order made under section 17 of the said Act by the Maintenance court where such order has been so registered or confirmed, as the case may be: Provided that the provisions of section 34 of the said Act shall not apply to any proceedings in respect of a contravention of section 39 of the said Act in so far as such proceedings relate to a maintenance order registered in terms of section 4 of this Act.[Section 7 is amended by Act 9 of 2003. Not all of the changes are indicated by amendment markings. The capitalisation of “Maintenance court” is reproduced as it appears in the amending Act.]
8. Transmission to designated country of emoluments attachment order made in NamibiaWhen it appears to any court in Namibia that any person against whom it has, before or after the commencement of this Act, made an order under section 30 of the Maintenance Act is resident in Namibia but is employed or is in receipt of a salary, wage or any other form of remuneration or allowance in a designated country, that court may transmit a certified copy of the record of the proceedings at which such order was made to the Permanent Secretary for transmission to the administrative head of the Department of Justice of that designated country.[section 8 amended by Act 9 of 2003]
9. Registration of emoluments attachment order made in a designated country
10. Certain maintenance moneys payable to clerk of the courtAny sum of money payable in terms of a maintenance order registered in terms of section 4 or confirmed under section 6 or an order registered in terms of section 9 shall be payable to the clerk of the maintenance court where such maintenance order or order has been so registered or confirmed, as the case may be.
11. Procedure and rules of evidence
12. RulesThe Minister may by notice in the Gazette make rules as to any matter which in terms of this Act is required or permitted to be prescribed.
13. Transitional provisions
14. Repeal of lawsThe laws mentioned in the Schedule are hereby repealed to the extent set out in the third column thereof.
15. Short titleThis Act shall be called the Reciprocal Enforcement of Maintenance Orders Act, 1995.
History of this document
17 November 2003 this version
Amended by Maintenance Act, 2003
27 February 1995
Published in Government Gazette number 1035
13 February 1995