CHAPTER 56 - MAINTENANCE ORDERS (ENFORCEMENT) ACT: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Maintenance Orders (Enforcement) Rules
Maintenance Orders (Enforcement) Act
MAINTENANCE ORDERS (ENFORCEMENT) RULES
[Section 8]
Arrangement of Rules
Rule
1. Title
2. Interpretation
3. Transmission of copy of order of court of superior jurisdiction
4. Registration of orders by Registrar or District Registrar
5. Transmission of copy of order of court not of superior jurisdiction
6. Transmission of copy of provisional order
7. Registration by a magistrate
8. Notice of confirmation of order or otherwise
9. Direction as to payments
10. Collection of payments
11. Variation or rescission of order
12. Appeals
13. Inspection and copies of registers
14. Powers of Attorney-General
15. Legal representative of the party
[Rules by the High Court]
GN 142 of 1958,
GN 497 of 1964.
These Rules may be cited as the Maintenance Orders (Enforcement) Rules.
In these Rules, unless the context otherwise requires–
“Registrar of the High Court” includes any Deputy Registrar, Assistant Registrar or District Registrar.
3. Transmission of copy of order of court of superior jurisdiction
The copy of an order made by a court outside Zambia and received by the President under section 3 of the Act shall, if the order was made by a court of superior jurisdiction, be sent to the Registrar of the High Court, who shall–
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(a) if the defendant is alleged to be living in the area of jurisdiction of the District Registry as defined in Government Notice No. 25 of 1957 or any subsequent notice amending the same or prescribing a new area of jurisdiction for any such District Registry, transmit the order to the District Registrar of the District Registry concerned;
(b) if the defendant is alleged to live outside the area of jurisdiction of any District Registry, retain the same at the Principal Registry for registration as hereinafter mentioned.
4. Registration of orders by Registrar or District Registrar
Any Registrar or District Registrar receiving such order shall thereupon enter the order in a register to be kept for that purpose at the Principal Registry or District Registry, as the case may be, and the copy so received shall be filed in the Registry or District Registry, as the case may be, of the High Court.
5. Transmission of copy of order of court not of superior jurisdiction.
The copy of an order made by a court not of superior jurisdiction outside Zambia and received by the President as aforesaid under section 3 of the Act shall be sent to a magistrate holding a subordinate court of the first class having jurisdiction within the area in which the defendant is alleged to be living.
6. Transmission of copy of provisional order
The copy of a provisional order made by a court outside Zambia and received by the President as aforesaid shall likewise be sent to a magistrate holding a subordinate court of the first class having jurisdiction as provided by rule 5 with the accompanying documents and a requisition for the issue of a summons.
7. Registration by a magistrate
The magistrate to whom any order is sent in accordance with the above rules shall enter it in his civil register on the date on which he receives it in the same manner as though the proceedings had been had and the order had been made at his court, provided that each such entry shall be headed as follows:
“In the matter of the Maintenance Orders (Enforcement) Act”.
8. Notice of confirmation of order or otherwise
When an order provisionally made outside Zambia has been confirmed, with or without modification under section 6 of the Act, by a magistrate holding a subordinate court of the first class or such court has decided not to confirm it, the magistrate shall send notice thereof to the President for transmission to the court from which it was issued.
When an order has been registered in any court in Zambia under section 3 of the Act, or a provisional order has been confirmed by a subordinate court under section 6, that court shall, unless satisfied that it is undesirable to do so, direct that all payments due thereunder shall be made through an officer of the court, or such other person as it may specify for the purpose.
The person through whom the payments are directed to be made shall collect the money due under the order and may take proceedings in his own name for enforcing payment and shall send the money when so collected to the President for transmission to the court from which the order originally issued. The person through whom payments are directed to be made may retain out of such money as come into his hands the amount of all disbursements necessarily or reasonably made.
11. Variation or rescission of order
An application for the variation or rescission of a confirmed order shall be made with notice to the person through whom payments are directed to be made; and the applicant shall cause a copy of any order varying or rescinding a confirmed order to be served upon that person. The fees and costs payable upon the lodging of an application under sub-section (6) of section 6 of the Act shall be the fees and costs payable in respect of interlocutory applications in the High Court or subordinate court, as the case may be.
An appeal against an order in confirmation lodged under sub-section (7) of section 6 of the Act shall be presented to the High Court and shall be heard in like manner as a civil appeal from a subordinate court under the Subordinate Courts Act. Where a person through whom payments are directed to be made has been nominated, the appellant shall cause notice of the appeal and of any order made by the High Court in the course of the hearing of the appeal to be served upon such person. The fees payable in connection with appeals shall be those payable in respect of civil appeals from subordinate courts to the High Court.
13. Inspection and copies of registers
(1) The registers to be kept under rule 4 and the entries to be made in the civil register of a subordinate court of the first class under rule 7 shall be open to inspection on the payment of a fee of four fee units.
(2) Copies of any orders registered in accordance with these Rules shall be supplied upon payment of the copying fee appropriate to the High Court or the subordinate court, as the case may be.
14. Powers of Attorney-General
Where an order is registered in any court in Zambia under the Act, the Registrar of the High Court may request the Attorney-General to act as legal representative of the party in whose favour such order was made or given and in such cases shall forward all papers lodged in such court, other than those required for registration, to the Attorney-General who may cause such application to be made and such steps to be taken as may be necessary to enforce such order. Steps to be taken by Registrar.
15. Legal representative of the party
The Attorney-General or any person acting for him under rule 14 shall thereupon be deemed to be the legal representative of the party in whose favour such order was made or given unless and until some legal practitioner is appointed in his place either by him or such party.
APPLICATION TO RECIPROCATING COMMONWEALTH COUNTRIES UNDER SECTION 11 – NORTHERN TERRITORY OF AUSTRALIA
[Section 11]
[Proclamation by the President]
SI 16 of 1972.
WHEREAS it is provided by section 11 of the Maintenance Orders (Enforcement) Ordinance that where the President is satisfied that reciprocal provisions have been made by the legislature of any country within the Commonwealth for the enforcement within such country of maintenance orders made by courts in Zambia the President may by Proclamation extend the said Ordinance to such country and that the said Ordinance shall thereupon apply in respect of such country as if references therein to a Secretary of State were references to the Governor or other appropriate authority of such country;
AND WHEREAS I am satisfied that reciprocal provisions have been made by the Northern Territory of Australia for the enforcement therein of maintenance orders made by courts in Zambia:
NOW THEREFORE, I, KENNETH DAVID KAUNDA, President of the Republic of Zambia, in exercise of the powers contained in section 11 of the Maintenance Orders (Enforcement) Ordinance, as read with section 20 of the Interpretation and General Provisions Ordinance, do hereby declare and notify that from and after the date of publication hereof in the Gazette the Maintenance Orders (Enforcement) Ordinance shall be extended to the Northern Territory of Australia.
MAINTENANCE ORDERS (ENFORCEMENT) ACT
[Proclamation by the President]
SI 267 of 1970.
WHEREAS it is provided by section 11 of the Maintenance Orders (Enforcement) Act that where the President is satisfied that reciprocal provisions have been made by the legislature of any country within the Commonwealth for the enforcement within such country of maintenance orders made by courts in Zambia the President may by Proclamation extend the said Act to such country and that the said Act shall thereupon apply in respect of such country as if references therein to a Secretary of State were references to the Governor or other appropriate authority of such country;
AND WHEREAS I am satisfied that reciprocal provisions have been made by the Australian States of Queensland, South Australia and Tasmania for the enforcement within the said States of maintenance orders made by courts in Zambia;
NOW THEREFORE, I, KENNETH DAVID KAUNDA, President of Zambia, in exercise of the powers conferred by section 11 of the Maintenance Orders (Enforcement) Act, as read with section 20 of the Interpretation and General Provisions Act, do hereby declare and notify that from and after the date hereof the Maintenance Orders (Enforcement) Act shall be extended to the Australian States of Queensland, South Australia and Tasmania.
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