Recent Case: Specific crimes

• Jurisdiction: South Africa
• Date: 24 May 2019
• Author: Ronald Louw
• Pages: 409-413
• Published date: 24 May 2019
• Citation: (2001) 14 SACJ 409

Recent Cases • Vonnisse

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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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