S v MOORE 2016 (1) SACR 547 (GP)

Maintenance — Conversion of trial to enquiry — In which circumstances — After conviction but before sentence — Conviction needs to be set aside before it can be converted into enquiry — Maintenance Act 99 of 1998, ss 31 and 41.

Where, after conviction of an accused on a charge of failure to pay maintenance in terms of s 31 of the Maintenance Act 99 of 1998, but before sentence, it appears that the accused was unable to pay maintenance, the conviction will stand and cannot be ignored. It therefore needs to be set aside by a court with review or appellate jurisdiction. It may not be converted into an enquiry under s 41 of the Act at that stage.