Zimbabwe has laws that make sure people take care of their family members. These laws protect children, spouses, and other dependants who need financial support. The main law that deals with this is called the Maintenance Act, Chapter 5:09. This law gives courts the power to order someone to pay money for the upkeep of their dependants.
Maintenance means providing money for basic needs like food, clothes, shelter, medical care, and education. When people don't voluntarily support their family members, the law steps in to make sure everyone gets what they need to live properly.
The Maintenance Act helps many Zimbabweans get the financial support they deserve. It creates a system where people can ask the courts to order maintenance payments when someone fails to provide for them.
The Act defines important terms like "dependant," which means any person someone is legally responsible to maintain. It also talks about "responsible persons" who must provide maintenance. These could be parents, spouses, or anyone with a legal duty to support others.
The law sets up special courts called maintenance courts to handle these cases. Every magistrates court in Zimbabwe acts as a maintenance court within its area. This makes it easier for people across the country to access justice when they need financial support.
Husbands and wives must support each other. This applies to married couples under both civil and customary law. The maintenance court looks at each situation carefully to decide who needs support and who can provide it.
The law even considers customary marriages when deciding maintenance cases. It says husbands and wives under customary law are "primarily responsible for each other's maintenance." This shows the law respects different types of family arrangements in Zimbabwe.
A parent can apply for maintenance for their child. Someone looking after a child, like a grandmother or aunt, can also apply. Even a probation officer can request maintenance for a child who needs it.
When you make a complaint, you must explain why you need maintenance and from whom. The court will then issue a summons, which is an official document ordering the responsible person to come to court on a specific date.
The court considers several factors when making decisions. These include the standard of living of both parties, how much money each person has, how many dependants need support, and whether the dependant or their parents can work.
The process is less formal than other court proceedings. The maintenance court tries to find solutions that work for everyone involved, especially the dependants who need support. The main goal is to make sure dependants get the financial help they need.
The court can also order a lump sum payment instead of regular payments. Sometimes, the court will order back payments for maintenance that should have been paid earlier but wasn't.
The maintenance court can direct that payments be made through the clerk of the court. This creates a record of all payments and helps avoid disputes about whether money was paid or not. The clerk then forwards the money to the person who should receive it.
The employer must follow this direction and pay the money before giving the rest of the salary to the employee. This takes priority over other financial obligations the employee might have. The law says this direction comes before any other orders requiring payments from the employee's earnings.
The employer must notify the court if the employee leaves the job or gets fired. This helps the court keep track of the responsible person and ensure they continue making maintenance payments even if they change jobs.
Anyone affected by a maintenance order can apply to have it changed or canceled. They need to explain to the court why the order should be changed. The court will hold another inquiry to decide whether to change the order.
If the person who applied for the change doesn't come to court, they can apply again later. They'll need to explain why they missed the court date and why they still want the order changed.
Orders for a spouse typically end if the spouse dies or remarries. They also end if the couple gets divorced or legally separated, though the divorce or separation orders might include new maintenance arrangements.
If an order doesn't specify separate amounts for different dependants, it continues until the court changes or ends it. This protects all dependants covered by the order, even if one of them no longer qualifies for maintenance.
Civil enforcement treats the maintenance order like any other court judgment about money. The court can seize property from the person who hasn't paid and sell it to get the money owed. This includes taking money directly from their bank account.
The clerk of the maintenance court helps with civil enforcement. They take the necessary legal steps on behalf of the person who should receive maintenance. This makes it easier for dependants to get the money they're entitled to.
The court might also order that future payments be made through the clerk of the court if someone has been convicted of not paying maintenance. This creates better oversight of the payments.
A person can defend themselves by proving they couldn't pay because they didn't have enough money. However, this defense only works if they can show they tried to find work, behaved responsibly, and didn't take on unnecessary debts. If they could pay part of the maintenance but didn't, they can still be convicted.
The magistrate will bring the person to court and listen to them and the prosecutor. If satisfied that all arrears have been paid or proper arrangements made, the magistrate can release the person from jail.
The magistrate must also believe the person genuinely intends to make future payments as ordered. This gives people a chance to fix their mistake and continue supporting their dependants without staying in jail.
Appeals work similarly to appeals in civil cases. The person appealing explains why they think the maintenance court made a mistake. The High Court reviews the case and can confirm, change, or cancel the maintenance court's decision.
Filing an appeal doesn't automatically stop the maintenance order. The person must still pay maintenance while waiting for the appeal to be decided, unless the maintenance court specifically says otherwise. This protects dependants from losing support during the appeal process.
The clerk of the court keeps track of all payments and gives the money to the person who should receive it. This system helps avoid disputes about whether payments were made. It also makes it easier to prove non-payment if enforcement becomes necessary.
If the person receiving maintenance moves to another district, the maintenance order can be transferred to the court in that district. This makes it easier for them to receive payments through the clerk of their local court.
These officers assist people who want to apply for maintenance. They explain the process, help fill out forms, and make sure the case moves forward properly. They also help with applications to change or end maintenance orders.
Maintenance officers can issue summonses and notices to bring people to court for maintenance cases. They help make the system more accessible, especially for people who can't afford lawyers or don't understand legal procedures well.
Witnesses must tell the truth when testifying in maintenance court. Lying under oath is a criminal offense that can lead to a fine or up to two years in prison. This helps ensure the court gets accurate information when making decisions.
If witnesses don't come to court when summoned, the court can issue a warrant for their arrest. The police will bring them to court to give evidence. Witnesses who refuse to answer questions can be detained until they cooperate. These powers help the court get all the information it needs.
The punishment can include removal from the courtroom and detention until the end of that day's proceedings. The court can also impose a fine or imprisonment for up to one month. This helps maintain order and dignity in the court.
Any detention or imprisonment ordered by the maintenance court gets reviewed by a judge of the High Court. This ensures the punishment is fair and appropriate. It protects people from excessive penalties for contempt of court.
This helps dependants get maintenance even when the responsible person lives in another country. The Minister of Justice can make regulations to recognize and enforce maintenance orders from countries that have similar agreements with Zimbabwe.
This international cooperation shows that the duty to maintain dependants doesn't stop at national borders. Zimbabwe works with other countries to make sure people fulfill their maintenance obligations no matter where they live.
When deciding whether to award expenses, the court considers the means of the person who would have to pay. The court won't order someone to pay expenses if they truly can't afford to do so.
An award of expenses works like any other civil judgment. The clerk of the maintenance court helps enforce these awards, just as they help enforce maintenance orders. This ensures people can get back the money they spent pursuing their maintenance rights.
The Minister can also provide guidelines to help courts assess how much money should be paid for maintenance. These guidelines help ensure consistency in maintenance orders across different courts and cases.
These regulations and guidelines make the maintenance system more efficient and effective. They help ensure that dependants throughout Zimbabwe receive the financial support they need and deserve under the law.
Maintenance means providing money for basic needs like food, clothes, shelter, medical care, and education. When people don't voluntarily support their family members, the law steps in to make sure everyone gets what they need to live properly.
The Maintenance Act helps many Zimbabweans get the financial support they deserve. It creates a system where people can ask the courts to order maintenance payments when someone fails to provide for them.
What the Maintenance Act Says
The Zimbabwe Maintenance Act became active on December 1, 1971. Over time, lawmakers have updated it many times to make it work better for Zimbabwean families. The Act explains who must pay maintenance, who can receive it, and how the courts enforce these payments.The Act defines important terms like "dependant," which means any person someone is legally responsible to maintain. It also talks about "responsible persons" who must provide maintenance. These could be parents, spouses, or anyone with a legal duty to support others.
The law sets up special courts called maintenance courts to handle these cases. Every magistrates court in Zimbabwe acts as a maintenance court within its area. This makes it easier for people across the country to access justice when they need financial support.
Who Must Pay Maintenance
The law says certain people must support others financially. Parents must maintain their children until they reach 18 years or become self-supporting. Both parents share this responsibility, even if they never married or don't live together anymore.Husbands and wives must support each other. This applies to married couples under both civil and customary law. The maintenance court looks at each situation carefully to decide who needs support and who can provide it.
The law even considers customary marriages when deciding maintenance cases. It says husbands and wives under customary law are "primarily responsible for each other's maintenance." This shows the law respects different types of family arrangements in Zimbabwe.
How to Ask for Maintenance
Anyone who needs maintenance can make a complaint at the maintenance court. You don't need a lawyer to do this. The maintenance officer at the court will help you fill out the necessary papers to start your case.A parent can apply for maintenance for their child. Someone looking after a child, like a grandmother or aunt, can also apply. Even a probation officer can request maintenance for a child who needs it.
When you make a complaint, you must explain why you need maintenance and from whom. The court will then issue a summons, which is an official document ordering the responsible person to come to court on a specific date.
What Happens in Maintenance Court
The maintenance court holds an inquiry to look into the complaint. Both sides get a chance to tell their story. The person asking for maintenance explains why they need support. The responsible person can explain their financial situation and any reasons why they think they shouldn't pay.The court considers several factors when making decisions. These include the standard of living of both parties, how much money each person has, how many dependants need support, and whether the dependant or their parents can work.
The process is less formal than other court proceedings. The maintenance court tries to find solutions that work for everyone involved, especially the dependants who need support. The main goal is to make sure dependants get the financial help they need.
Types of Maintenance Orders
After hearing all the evidence, the maintenance court can make different types of orders. The most common is ordering regular payments of a specific amount of money. The court decides how much based on what the dependant needs and what the responsible person can afford.The court can also order a lump sum payment instead of regular payments. Sometimes, the court will order back payments for maintenance that should have been paid earlier but wasn't.
The maintenance court can direct that payments be made through the clerk of the court. This creates a record of all payments and helps avoid disputes about whether money was paid or not. The clerk then forwards the money to the person who should receive it.
Employers Can Be Ordered to Pay
One interesting part of the Maintenance Act is that the court can order an employer to take money directly from someone's salary and pay it for maintenance. This is called a "direction" and helps make sure the money gets paid regularly.The employer must follow this direction and pay the money before giving the rest of the salary to the employee. This takes priority over other financial obligations the employee might have. The law says this direction comes before any other orders requiring payments from the employee's earnings.
The employer must notify the court if the employee leaves the job or gets fired. This helps the court keep track of the responsible person and ensure they continue making maintenance payments even if they change jobs.
Changing Maintenance Orders
People's circumstances change over time. Someone might lose their job, get a new job with higher pay, or have new family responsibilities. The Maintenance Act allows for changes to orders when situations change.Anyone affected by a maintenance order can apply to have it changed or canceled. They need to explain to the court why the order should be changed. The court will hold another inquiry to decide whether to change the order.
If the person who applied for the change doesn't come to court, they can apply again later. They'll need to explain why they missed the court date and why they still want the order changed.
When Orders End
Maintenance orders for children usually end when the child turns 18. However, the court can extend the order if the child still needs support after turning 18. This might happen if the child is still in school or has a disability that prevents them from supporting themselves.Orders for a spouse typically end if the spouse dies or remarries. They also end if the couple gets divorced or legally separated, though the divorce or separation orders might include new maintenance arrangements.
If an order doesn't specify separate amounts for different dependants, it continues until the court changes or ends it. This protects all dependants covered by the order, even if one of them no longer qualifies for maintenance.
What Happens When Someone Doesn't Pay
The Maintenance Act provides ways to enforce orders when people don't pay. The court can use both civil and criminal methods to make sure dependants get the money they need.Civil enforcement treats the maintenance order like any other court judgment about money. The court can seize property from the person who hasn't paid and sell it to get the money owed. This includes taking money directly from their bank account.
The clerk of the maintenance court helps with civil enforcement. They take the necessary legal steps on behalf of the person who should receive maintenance. This makes it easier for dependants to get the money they're entitled to.
Criminal Penalties for Not Paying
Not paying maintenance can also be a criminal offense. The responsible person can go to jail for up to a year if they don't make payments ordered by the court. This shows how seriously Zimbabwe takes the duty to maintain dependants.The court might also order that future payments be made through the clerk of the court if someone has been convicted of not paying maintenance. This creates better oversight of the payments.
A person can defend themselves by proving they couldn't pay because they didn't have enough money. However, this defense only works if they can show they tried to find work, behaved responsibly, and didn't take on unnecessary debts. If they could pay part of the maintenance but didn't, they can still be convicted.
Getting Out of Jail by Paying
If someone goes to jail for not paying maintenance, they can get out by paying what they owe. They need to apply to the magistrate who convicted them, explaining that they've paid all the arrears or made arrangements to pay them.The magistrate will bring the person to court and listen to them and the prosecutor. If satisfied that all arrears have been paid or proper arrangements made, the magistrate can release the person from jail.
The magistrate must also believe the person genuinely intends to make future payments as ordered. This gives people a chance to fix their mistake and continue supporting their dependants without staying in jail.
Appeals Against Court Decisions
Anyone unhappy with a maintenance court decision can appeal to the High Court. This includes appeals against orders to pay maintenance, variations of orders, or refusals to make orders.Appeals work similarly to appeals in civil cases. The person appealing explains why they think the maintenance court made a mistake. The High Court reviews the case and can confirm, change, or cancel the maintenance court's decision.
Filing an appeal doesn't automatically stop the maintenance order. The person must still pay maintenance while waiting for the appeal to be decided, unless the maintenance court specifically says otherwise. This protects dependants from losing support during the appeal process.
How Maintenance Payments Work
Maintenance payments can be made directly to the recipient or through the clerk of the court. Many maintenance orders require payments through the clerk because this creates a record of all payments made.The clerk of the court keeps track of all payments and gives the money to the person who should receive it. This system helps avoid disputes about whether payments were made. It also makes it easier to prove non-payment if enforcement becomes necessary.
If the person receiving maintenance moves to another district, the maintenance order can be transferred to the court in that district. This makes it easier for them to receive payments through the clerk of their local court.
Maintenance Officers Help People
Maintenance officers play an important role in the maintenance system. The Minister of Justice appoints these officers to help people navigate the maintenance process. They work at maintenance courts throughout Zimbabwe.These officers assist people who want to apply for maintenance. They explain the process, help fill out forms, and make sure the case moves forward properly. They also help with applications to change or end maintenance orders.
Maintenance officers can issue summonses and notices to bring people to court for maintenance cases. They help make the system more accessible, especially for people who can't afford lawyers or don't understand legal procedures well.
Witnesses in Maintenance Cases
The maintenance court can call witnesses to help decide cases. These might include employers who can verify how much someone earns, family members who know about the situation, or experts who can give relevant information.Witnesses must tell the truth when testifying in maintenance court. Lying under oath is a criminal offense that can lead to a fine or up to two years in prison. This helps ensure the court gets accurate information when making decisions.
If witnesses don't come to court when summoned, the court can issue a warrant for their arrest. The police will bring them to court to give evidence. Witnesses who refuse to answer questions can be detained until they cooperate. These powers help the court get all the information it needs.
Contempt of Maintenance Court
People must respect the maintenance court and its procedures. Anyone who insults the court, interrupts proceedings, or disturbs the peace during a maintenance inquiry can be punished for contempt of court.The punishment can include removal from the courtroom and detention until the end of that day's proceedings. The court can also impose a fine or imprisonment for up to one month. This helps maintain order and dignity in the court.
Any detention or imprisonment ordered by the maintenance court gets reviewed by a judge of the High Court. This ensures the punishment is fair and appropriate. It protects people from excessive penalties for contempt of court.
Reciprocity with Other Countries
Zimbabwe can make agreements with other countries about maintenance orders. These agreements allow maintenance orders from Zimbabwe to be enforced in other countries, and orders from those countries to be enforced in Zimbabwe.This helps dependants get maintenance even when the responsible person lives in another country. The Minister of Justice can make regulations to recognize and enforce maintenance orders from countries that have similar agreements with Zimbabwe.
This international cooperation shows that the duty to maintain dependants doesn't stop at national borders. Zimbabwe works with other countries to make sure people fulfill their maintenance obligations no matter where they live.
Expenses in Maintenance Cases
The maintenance court can order payment of expenses related to the case. If it seems fair, the court can order one person to pay the reasonable expenses incurred by another person in connection with the proceedings.When deciding whether to award expenses, the court considers the means of the person who would have to pay. The court won't order someone to pay expenses if they truly can't afford to do so.
An award of expenses works like any other civil judgment. The clerk of the maintenance court helps enforce these awards, just as they help enforce maintenance orders. This ensures people can get back the money they spent pursuing their maintenance rights.
Making the Law Work Better
The Minister of Justice can make regulations to help the Maintenance Act work better. These regulations might cover the forms used in maintenance proceedings, the procedures followed in maintenance courts, and records kept by the courts.The Minister can also provide guidelines to help courts assess how much money should be paid for maintenance. These guidelines help ensure consistency in maintenance orders across different courts and cases.
These regulations and guidelines make the maintenance system more efficient and effective. They help ensure that dependants throughout Zimbabwe receive the financial support they need and deserve under the law.
