Section 7: Summons

7. Summons (1) Where a claimant is, under any enactment, entitled to be maintained by a person, the Permanent Secretary may issue to that person a summons requiring him to pay every month to the Permanent Secretary, for the benefit of the claimant, such amount as the Permanent Secretary may decide to grant to the claimant under section 3. (2) Where a person fails to comply with a summons issued under subsection (1), the Permanent Secretary may, on behalf of the claimant, enter any action before the appropriate District Court for an order compelling that person to pay to the Permanent Secretary the amount specified in the summons issued under subsection (1) or such sum as the Court may determine. (3) Notwithstanding any other enactment, in any proceedings under this section, the onus of proving that a person is unable or not liable to pay the amount specified in a summons issued under subsection (1) shall lie upon him. [Issue 1] U2 – 4 (4) Where the Court makes an order under this section, the Court may order payment with retrospective effect on the date on which the payment should have been made in compliance with the summons issued under subsection (1). (5) Where the Court makes an order under this section, the Permanent Secretary may, by warrant under his hand in the form set out in the Second Schedule, attach in the hands of the employer of the person against whom the order is made one third of that person’s remuneration or the sum awarded by the Court, whichever is the lesser. (6) An employer who receives an attachment under subsection (5) shall deduct from the remuneration of his employee the sum specified in the warrant and pay that sum to the Permanent Secretary. (7) Where there is any change in the circumstances of the person on whom an order is made under this section, the Court may, on application by any interested party, vary the order. [S. 7 inserted by s. 5 of Act 15 of 1986 w.e.f. 14 June 1986.]