S v Lubbe (1998) JOL 3950 (T)

Main Issue: Failure to pay maintenance and sentencing/ capacity of magistrate to order payment of arrear

Findings: An enquiry in terms of the Maintenance Act 23 of 1963, s13 was initiated against the accused to ascertain the accused ability to pay maintenance. Magistrate made order compelling accused to pay all arrear maintenance outstanding. Because a presiding officer does not have the power to make an order in respect of arrear maintenance not paid in terms of an existing order, the order was set aside.

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