Recent Case: Specific crimes

JurisdictionSouth Africa
Date24 May 2019
AuthorRonald Louw
Pages409-413
Published date24 May 2019
Citation(2001) 14 SACJ 409
Recent Cases • Vonnisse
409
Specific Crimes
RONALD LOUW
University of Natal, Durban
Maintenance
In
S v Magagula
2001 (2) SACR 123 CO the court discussed extensively
certain provisions of the Maintenance Act 1998. Specifically it analysed the
elements of the offence contained in s 31(1) of the Act and two provisions
dealing with maintenance inquiries. Section 31 provides as follows:
(1)
Subject to the provisions of ss (2), any person who fails to make any particular
payment in accordance with a maintenance order shall be guilty of an offence and
liable on conviction to a fine or to imprisonment for a period not exceeding one
year or to such imprisonment without the option of a fine.
(2)
If the defence is raised in any prosecution for an offence under this section that
any failure to pay maintenance in accordance with a maintenance order was due to
a lack of means on the part of the person charged, he or she shall not merely on the
grounds of such defence be entitled to an acquittal if it is proved that the failure was
due to his or her unwillingness to work or misconduct.
(2001) 14 SACJ 409
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