The Frustrations of Interim Orders
In my very short-lived but extensive experience of the Maintenance Courts, Gauteng, I have sadly become disappointed with what has recently transpired. Magistrates and Maintenance Officers from certain jurisdictions have taken an antagonistic approach towards "Interim Orders" and "Provisional Orders" for maintenance of a child pending finalisaton of those proceedings. This problem arose as a result of the Pents v Ilsley judgment out of the South Gauteng High Court where the Randburg Maintenance Court (and thus any other court following the same procedure) was penalised for issuing Subpoenas to Respondents for their " First Appearance " at court. This " First Appearance " is an informal inquiry before a Maintenance Officer in terms of Section 6 of the Maintenance Act. In terms of the Regulations to the Act, this process is indeed the incorrect procedure. The nature of a Subpoena in terms of the Act is for the the purposes of calling upon the