The Laws of Zambia

REPUBLIC OF ZAMBIA

THE AFFILIATION AND MAINTENANCE OF CHILDREN ACT

CHAPTER 64 OF THE LAWS OF ZAMBIA

CHAPTER 64 THE AFFILIATION AND MAINTENANCE OF CHILDREN ACT

THE AFFILIATION AND MAINTENANCE OF CHILDREN ACT

ARRANGEMENT OF SECTIONS

PART I PRELIMINARYPART I
PRELIMINARY

Section
1. Short title
2. Interpretation

PART II AFFILIATION ORDERSPART II

AFFILIATION ORDERS

3. Application by single woman

4. Application by party to void marriage
5. Application by child
6. Evidence to be given and corroborated

PART III MAINTENANCE ORDERSPART III

MAINTENANCE ORDERS

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7. Maintenance of affiliated child

8. Maintenance of neglected child
9. Maintenance of child on divorce, nullity or separation
10. Types of maintenance orders
11. Matters for consideration when making maintenance order
12. Duration of maintenance order
13. Variation or discharge of maintenance order
14. Persons to whom payments to be made

PART IV CUSTODY OF CHILDRENPART IV

CUSTODY OF CHILDREN

15. Custody and access

16. Declaration of unfitness for custody

PART V REGISTRATION AND MAINTENANCE ORDERSPART V

REGISTRATION AND MAINTENANCE ORDERS

Section
17. Interpretation of Part V
18. Registration of High Court orders
19. Registration of subordinate court orders
20. Effect of registration
21. Registration not to be duplicated
22. Enforcement of registered order
23. Variation of orders registered in subordinate courts
24. Cancellation of registration

PART VI ATTACHMENT OF EARNINGS ORDERSPART VI

ATTACHMENT OF EARNINGS ORDERS

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25. Attachment of earnings orders

26. Orders in proceedings under other Acts
27. Restriction of issue of other process
28. Variation of order on application of party
29. Variation of order to correct excess of payments
30. Notice to be given of variation
31. Discharge of order on cancellation of registration of related maintenance order
32. Order discharged in certain circumstances
33. Liability under orders
34. Powers of court to obtain statements of earnings etc.
35. Powers of courts to determine whether payments are earnings
36. Miscellaneous provisions as to payments
37. Earnings paid by the Government
38. Offences

PART VII MISCELLANEOUSPART VII

MISCELLANEOUS

39. Special provisions for subordinate courts

40. Regulations and Rules
41. English Law to cease to apply
42. Transitional provision
Section
43. Certain laws of Zambia to cease to apply to maintenance of children

CHAPTER 64

AFFILIATION AND MAINTENANCE OF CHILDREN Act No.55 of 1995

13 of 1994

An Act to provide for court orders as to paternity; to consolidate the law relating to
the maintenance of children; to bring the law of Zambia into conformity with
the United Nations Convention on the Rights of the Child dated 20th
November, 1989, to which Zambia is a State Party; to abrogate the application
of so much of the Maintenance Orders Act, and of the laws of the United
Kingdom, as provides for the maintenance of children; and to provide for
matters connected with or incidental to the foregoing.
[28th April, 1995

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PART I PRELIMINARYPART I

PRELIMINARY

1. This Act may be cited as the Affiliation and Maintenance of Children Act. Short title

2. In this Act, unless the context otherwise requires- Interpretation

"affiliation order" means an order declaring a man to be the father of a child

identified in the order;

"attachment of earnings order" means an order under section twenty-five;

"child" means a person below the age of eighteen years, whether a marital or
non-marital child;

"court" means a subordinate court or the High Court;

"custodian" means a person appointed under this Act or any other law to be the
guardian of a child;

"defendant", in relation to a maintenance order or a related attachment of earnings

order, means the person liable to make payments under that order;

"earnings" in relation to a dependant means any sums (other than expected sums)
payable to the dependant-

(a) by way of wages or salary, including a fee, bonus, commission,

overtime pay or other emolument payable in addition to wages or
salary; or

(b) by way of pension;

"employer" means a person by whom, as a principal and not as a servant or agent,

any earnings are to be paid;

"maintenance order" means an order made under Part III;

"marital child" includes-

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(a) a legitimated person within the meaning of the Legitimacy Act; Cap. 52

(b) an adopted child within the meaning of the Adoption Act; and Cap. 54

(c) a child of either party to a marriage who has been accepted by the
other party as a child of the family;

"non-marital child" means a child who is not a marital child;

"periodic payments order" means a maintenance order made in accordance with

paragraph (a) of subsection (1) of section ten;

"proper officer of the court" means-

(a) in the case of the High Court, such officer as the Registrar may
designate for the purposes of the provision in which the expression
occurs; and

(b) in the case of a subordinate court, the clerk of that court;

"putative father" means the man alleged to be the father of a non-marital child;

"registered", in relation to a maintenance order, means registered under Part V;

"secured periodic payments order" means a maintenance order made in

accordance with paragraph (b) of subsection (1) of section ten;

"single woman" includes a widow, a married woman who is divorced and a woman
living apart from her husband.

PART II AFFILIATION ORDERSPART II

AFFILIATION ORDERS

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3. The court may make an affiliation order on the application of a single woman- Application by single
woman
(a) at any time within twelve months after giving birth to a non-marital child;
(b) at any time, upon proof that the putative father of the non-marital child has
within the period of twelve months next after the birth of the non-marital
child paid money for its maintenance; or
(c) at any time within the period of twelve months next after the return to
Zambia of the putative father of the non-marital child, upon proof that he
ceased to reside in Zambia within the period of twelve months after the birth
of the non-marital child.

4. The court may, on the application of a single woman who has been delivered of Application by party to
a marital child, make an affiliation order upon proof that before the birth she was a party to void marriage
a marriage which would have been valid but for the fact that she or the other party were
under the age at which either might have legally contracted a marriage.

5. The court may, on the application of a non-marital child made through the child's Application by child
next friend, make an affiliation order, subject to the limitations contained in section three.

6. (1) On the hearing of an application for an affiliation order, the court shall hear- Evidence to be given
and corroborated

(a) the evidence of the mother;

(b) such other evidence as she may produce; and

(c) any evidence tendered by or on behalf of the putative father.

(2) The court shall not make an affiliation order unless the evidence of the mother is
corroborated in some material particular by other evidence.

PART III MAINTENANCE ORDERSPART III

MAINTENANCE ORDERS

7. The court may, either at the time of making an affiliation order or upon Maintenance of
subsequent application for a maintenance order, make a maintenance order in respect of affiliated child
the child concerned.

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8. (1) The court may on the application of either party to a marriage make a Maintenance of
maintenance order on the ground that the other party to the marriage has failed to neglected child
provide, or to make a proper contribution towards, reasonable maintenance for a marital
child.

(3) In deciding what constitutes reasonable maintenance for the purposes of this
section, the court shall have regard to the matters mentioned in section eleven.

9. (1) The court may make a maintenance order in respect of a marital child on Maintenance of child
granting a decree of divorce, a decree of nullity of marriage or a decree of judicial on divorce, nullity or
separation, or at any time thereafter. separation

(2) In the case of a decree of divorce or of nullity of marriage, the order may be
made whether or not the decree has been made
absolute.

10. (1) A maintenance order may take any of the following forms, that is to say: Types of maintenance
orders

(a) an order that the defendant shall, for the benefit of a specified child, pay to
a specified person or to the child itself, specified periodic payments for a
specified term;

(b) an order that the defendant shall, for the benefit of a specified child, secure
to the satisfaction of the court the making, to a specified person or to the
child itself, of specified periodic payments for a specified term.

(2) In addition, a maintenance order may specify that the defendant shall, for the
benefit of a specified child, pay to a specified person or to the child itself, a specified lump
sum.

(3) Where the court-

(a) makes an order under this section for the payment of a lump sum; and

(b) directs that-

(i) payment of that sum or any part of it shall be deferred; or
(ii) that sum or any part of it shall be paid by instalments;
the court may order that the amount deferred, or the instalments, shall carry interest at a
rate specified by the order, from a specified date (not being a date earlier than the date of
the order) until the date when payment thereof is effected.

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11. (1) It shall be the duty of the court before making any maintenance order to Matters for
have regard to all the circumstances of the child concerned. consideration when
making maintenance
order

(2) Without limiting the generality of subsection (1), the court shall have regard to
the following matters:

(a) the welfare of the child while an infant, including any preliminary expenses;

(b) the income, earning capacity, property and other financial resources which
each interested person has, or is likely to have, in the foreseable future,
including, in the case of earning capacity, any increase in that capacity
which it would, in the opinion of the court, be reasonable to expect a person
to take steps to acquire;

(c) the financial needs, obligations and responsibilities which each interested
person has or is likely to have in the foreseeable future;

(d) the standard of living enjoyed by the family before the breakdown of the
marriage, in the case of persons who are divorcing;

(e) the age of the child and of each interested person;

(f) any physical or mental disability of the child;

(g) the contributions which each person has made, or is likely in the
foreseeable future to make, to the welfare of the child, including any
contribution made or to be made by looking after the home or caring for the
child;

(h) the financial needs of the child;

(i) the income, earning capacity, property and other financial resources, if any,
of the child; and

(j) the manner in which the child was being, and in which its parents expected
it to be, educated or trained.

12. (1) A maintenance order shall not be made in favour of a child who has attained Duration of
the age of eighteen years. maintenance order

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(2) The term to be specified in a periodic payments or secured periodic payments

order in favour of a child may begin with the date of the making of an application for the
order in question or any later date but shall not extend beyond the date of the child's
eighteenth birthday.

(3) Subsections (1) and (2) shall not apply if it appears to the court that-

(a) the child is or will be receiving instructions in some profession or vocation

(or would be, if an order were made without complying with either or both of
those subsections), whether or not he is or will be in gainful employment as
well; or

(b) there are special circumstances which justify the making of an order
notwithstanding either or both of those provisions.

(4) Any periodic payments order in favour of a child shall, notwithstanding anything
in the order, cease to have effect on the death of the child in respect of whom the order is
made, except in relation to any arrears due under the order on the date of the death.

13. (1) The court shall have power to vary or discharge a maintenance order or to Variation or discharge
suspend any provision thereof temporarily and to revive the operation of any provision so of maintenance order
suspended.

(2) In exercising its power under this section, the court shall take into account the
same matters as it is required to take into account when it makes a maintenance order.

14. (1) Subject to the other provisions of this Act, the person entitled to any Persons to whom
payment to be made under a maintenance order shall be the child's mother, father or payments to be made
custodian.

(2) When making or varying a maintenance order, the court may order that the
money shall be paid into court and then paid to the mother, father or custodian in such
manner and subject to such conditions as it may direct.

(3) A custodian who is entitled to receive moneys under a maintenance order shall
have the same power to recover them as the mother or father would have had.

PART IV CUSTODY OF CHILDRENPART IV

CUSTODY OF CHILDREN

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15. (1) Where the court makes a maintenance order in respect of a child, the court Custody and access
shall also have power to make whatever order it thinks fit with respect to the custody of
the child, and the right of access thereto of either parent, but the power conferred by this
subsection and any order made in exercise of that power shall have effect only during any
period while the maintenance order is in force.

(2) In making any order as to custody or access, the court shall regard the welfare
of the child as the paramount consideration, and shall not take into account whether from
any other point of view the claim of the father in respect of custody is superior to that of
the mother, or vice versa.

(3) If the court is satisfied that-

(a) the mother or father of a child is not a fit and proper person to have custody
of the child;

(b) the mother or father of a child has died or become of unsound mind or is
serving a term of imprisonment of more than six months; or

(c) there are exceptional circumstances making it impracticable for the child to
be entrusted to the custody of either of its parents;
the court may, at the time of making a maintenance order or at any time thereafter,
appoint any other person as custodian of the child.

(4) The appointment of a custodian under this section may be made on the
application of-

(a) The Minister responsible for community development and social welfare, or
of any person authorised in that behalf by the Minister in writing either
generally or specially; or

(b) the father or mother;

and such an appointment may be revoked and another person appointed as custodian.

16. (1) Where the court makes an affiliation order, or grants or makes absolute a Declarations of
decree of divorce, or grants a decree of judicial separation, it may include in the order or unfitness for custody
decree a declaration that either party to the proceedings is unfit to have the custody of a
child.

(2) Where such a declaration is made, then, if the party to whom the declaration
relates is a parent of any child, that party shall not, on the death of the other parent, be
entitled as of right to the custody or the guardianship of that child.

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(3) Where an order in respect of a marital child is made under this section, the order
shall not affect the rights over or with respect to the child of any person, other than a party
to the marriage in question, unless the child is the child of one or both of the parties to that
marriage and that person was a party to the proceedings on the application for an order
under this section.

(4) The court shall have power to vary or discharge an order made under this
section or to suspend any provision thereof temporarily and to revive the operation of any
provision so suspended.

PART V REGISTRATION OF MAINTENANCE ORDERSPART V

REGISTRATION OF MAINTENANCE ORDERS

17. (1) In this Part, unless the context otherwise requires- Interpretation of Part V

"certified copy", in relation to an order of the court, means a copy certified by the
proper officer of the court to be a true copy of the order or of the official
record thereof;
"court of registration", in relation to a maintenance order, means the court in which
the order is, or is to be, registered;
"High Court order" means a maintenance order made by the High Court;
"original court", in relation to a maintenance order, means the court by which the
order was made;
"subordinate court order" means a maintenance order made by a subordinate
court;
"registered" means registered in accordance with the provisions of this Part, and
"registration" shall be construed accordingly.

(2) For the purposes of this Part, an order for the payment by the defendant of any
costs incurred in proceedings relating to a maintenance order, being an order for the
payment of costs made while the maintenance order is not registered, shall be deemed to
form a part of that maintenance order.

18. (1) A person entitled to receive payments under a High Court order may apply Registration of High
to the original court for the registration of the order in a subordinate court, and the court Court orders
may, if it thinks fit, grant the application.

(2) Where an application for the registration of such an order is granted-

(a) no proceedings shall begin, and no writ, warrant or other process shall be
issued, for the enforcement of the order before registration of the order or
before the expiry of the prescribed period (in this Part referred to as the
"registration period") from the grant of the application, whichever first
occurs; and
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(b) the original court shall, on being satisfied within the registration period by
the person who made the application that no such proceedings or process
begun or issued before the grant of the application remain pending or in
force, cause a certified copy of the order to be sent to the clerk of a
subordinate court within whose area of jurisdiction the defendant appears to
be.

(3) If at the expiration of the registration period the original court has not been
satisfied as referred to in paragraph (b) of subsection (1), the grant of the application shall
become void.

(4) The proper officer of the court of registration shall, upon receipt of a certified
copy of an order sent to him under this section, cause the order to be registered in that
court.

19. (1) A person entitled to receive payments under a subordinate court order, who Registration of
considers the order could be more effectively enforced if it were registered in the High subordinate court
Court or another subordinate court, may apply to the original court for the registration of orders
the order, and the court shall grant the application being satisfied in the prescribed that, at
the time when the application was made, the amount due under the first mentioned order
was unpaid.

(2) Where an application for the registration of a subordinate court order is granted-

(a) no proceedings for the enforcement of the order shall be begun before the
registration takes place and no warrant or other process for the
enforcement thereof shall be issued in consequence of any such
proceedings begun before the grant of the application;

(b) any warrant of commitment issued for the enforcement of the order shall
cease to have effect when the person in possession of the warrant is
informed of the grant of the application, unless the defendant has already
been detained in pursuance of the warrant; and

(c) the original court shall, on being satisfied in the prescribed manner that no
process for the enforcement of the order issued before the grant of the
application remains in force, cause a certified copy of the order to be sent
to the proper officer of the court of registration.

(3) The proper officer of the court of registration shall, upon receipt of a certified
copy of an order sent to him under this section, cause the order to be registered in that
court.

20. (1) Where a maintenance order is registered in any court under this part- Effect of registration

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(a) any provisions of the order by virtue of which sums payable thereunder are
required to be paid through or to any officer or person on behalf of the
person entitled to them shall be of no effect so long as the order is
registered in that court; and

(b) the court shall, unless it is satisfied that it is undesirable to do so, order that
all payments to be made under the maintenance order (including any
arrears accrued before the date of the registration) shall be made through
the proper officer of the court of registration.

(2) An order made under paragraph (b) of subsection (1) may be varied or revoked
by a subsequent order.

(3) Where, by virtue of the provisions of this section or any order made under this
section, payments under a maintenance order cease or become payable through or to any
officer or person, the person liable to make the payments shall, until he is given the
prescribed notice to that effect, be deemed to comply with the maintenance order if he
makes payments in accordance with the maintenance order and any order under this
section of which he has received such notice.

21. An order which is for the time being registered in any court shall not be Registration not to be
registered in any other court. duplicated

22. (1) Subject to the provisions of this section, a registered order shall be Enforcement of
enforceable in all respects as if it had been made by the court of registration and as if that registered order
court had jurisdiction to make it; and proceedings for or with respect to the enforcement of
a registered order may be taken accordingly.

(2) Where an order remains or becomes registered after the discharge of the order,
no proceedings shall be taken by virtue of that registration except in respect of arrears
which were due under the order at the time of the discharge and have not been remitted.

23. (1) The provisions of this section shall have effect with respect to the variation Variation of orders
of orders registered in subordinate courts, and references in this section to registered registered in
orders shall be construed accordingly. subordinate courts

(2) The court of registration may exercise the same jurisdiction to vary any rate of
payments specified by a registered order (other than jurisdiction in a case where a party to
the order is not present in Zambia when the application for variation is made) as the
original court.

(3) A rate of payments specified by a registered order shall not be varied except by
the court of registration.

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(4) A rate of payments specified by a registered order shall not be varied by virtue of
subsection (2) so as to exceed the rate of payments specified by the order as made or last
varied by the original court.

(5) If it appears to the court to which an application is made by virtue of subsection

(2) or (3) for the variation of a rate of payments specified by a registered order that, by
reason of limitations imposed on the court's jurisdiction by subsection (4) or for any other
reason, it is appropriate to remit the application to the original court, the firstmentioned
court shall so remit the application, and the original court shall thereupon deal with the
application as if the order were not registered.

(6) Nothing in this section shall affect the jurisdiction of the original court to vary a
rate of payments specified by a registered order if an application for the variation of that
rate is made to that court-

(a) in proceedings for a variation of provisions of the order which do not specify
a rate of payments; or

(b) at a time when a party to the order is not present in Zambia.

(7) No application for any variation of a registered order shall be made to any court
while proceedings for any variation of the order are pending in any other court.

(8) Where a subordinate court, in exercise of the jurisdiction conferred by this

section, varies or refuses to vary a registered order, an appeal from the variation or
refusal shall lie to the High Court.

24. (1) If a person entitled to receive payments under a registered order desires the Cancellation of
registration to cancelled, he may give notice under this section. registration

(2) Where the original court varies or discharges an order registered in a

subordinate court, the original court may, if it thinks fit, give notice under this section.

(3) Where a subordinate court discharges an order registered in the High Court and
it appears to the subordinate court, whether by reason of the remission of arrears by that
court or otherwise, that no arrears under the order remain to be recovered, the
subordinate court shall give notice under this section.

(4) Notice under this section shall be given to the court of registration, and where
such notice is given-

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(a) no proceedings for the enforcement of the registered order shall be begun
before the cancellation of the registration and no writ, warrant or other
process for the enforcement thereof shall be issued in consequence of any
such proceedings begun before the giving of the notice;

(b) Where the order is registered in a subordinate court, any warrant of

commitment issued for the enforcement of the order shall cease to have
effect when the person in possession of the warrant is informed of the
giving of the notice, unless the defendant has then already been detained in
pursuance of the warrant; and

(c) the court of registration shall cancel the registration on being satisfied in the
prescribed manner-
(i) that no process for the enforcement of the registered order issued
before the giving of the notice remains in force; and
(ii) in the case of an order registered in a subordinate court, that no
proceedings for the variation of the order are pending in a
subordinate court.

(5) On the cancellation of the registration of an order, any order made in relation to it
under paragraph (b) of subsection (1) of section twenty shall cease to have effect, but until
the defendant receives the prescribed notice of the cancellation he shall be deemed to
comply with the order if he makes payments in accordance with any order under that
paragraph which was in force immediately before the cancellation of which he has notice.

PART VI ATTACHMENT OF EARNINGS ORDERSPART VI

ATTACHMENT OF EARNINGS ORDERS

25. (1) If, on the application of a person entitled to receive payments under a Attachment of
maintenance order, it appears to a court by which payment of any arrears under the order earnings orders
is enforceable-

(a) that, when the application was made, there were payments due under the
order that were unpaid; and

(b) that the defendant is a person to whom earnings fall to be paid;

then the court may, if it thinks fit, by order (to be known as an attachment of earnings
order) require a person appearing to the court to be the defendant's employer in respect of
those earnings or a part thereof, to make out of those earnings or part thereof such
payments as may be specified in the order.

(2) The order shall-

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(a) specify the normal deduction rate, which shall not exceed the rate
appearing to the court to be necessary for the purpose of securing-
(i) payment of the sums falling due from time to time under the
maintenance order; and
(ii) payment within a reasonable period of any sums already due and
unpaid under the maintenance order and of any costs incurred in
proceedings relating to the maintenance order which are payable by
the defendant;

(b) specify the protected earnings rate, having regard to the resources and
needs of the defendant and the needs of persons for whom he must or
reasonably may provide;

(c) designate the proper officer to whom any payment is to be made; and

(d) contain, so far as they are known to the court making the order, such
particulars as may be prescribed for the purpose of enabling the defendant
to be identified by the person to whom the order is directed.

(3) An attachment of earnings order shall not come into force until the expiration of
fourteen days from the date when a copy of the order is served on the person to whom the
order is directed.

(4) In this section-

"normal deduction rate" means the rate at which attached earnings should be
applied from time to time in satisfying the requirements of the maintenance
order;
"protected earnings rate" means the rate below which earnings should not be
reduced by a payment made in pursuance of an attachment of earnings
order.

26. Without prejudice to the powers to make attachment of earnings orders Orders in proceedings
conferred by section twenty-five, where proceedings are brought in a court under section under other Acts
four of the Debtors Act (which authorises the committal to prison of persons refusing or Cap. 87
neglecting to pay certain debts which they have had the means to pay) in respect of a
default in making payments under a maintenance order, and it appears to the court that-
(a) at the date when the proceedings were begun, any payment was due under
the maintenance order and unpaid; and
(b) the defendant is a person to whom earnings fall to be paid;
the court may, if it thinks fit, make an attachment of earnings order instead of making any
other order to enforce the making of payments under the maintenance order.

27. Where an attachment of earnings order is made, no order or warrant of Restriction of issue of
commitment shall be issued in consequence of any proceedings for the enforcement of other process
the related maintenance order begun before the making of the attachment of earnings
order.

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28. The court by which an attachment of earnings order has been made may, if it Variation of order on
thinks fit, on the application of the defendant or a person entitled to receive payments application of party
under the related maintenance order, make an order discharging or varying the
attachment of earnings order.

29. (1) Where at any time it appears to the proper officer to whom payments under Variation of order to
an attachment of earnings order made by the High Court are to be paid that- correct excess of
payments

(a) the aggregate of the payments made for the purpose of the related
maintenance order by the defendant (whether under the attachment of
earnings order or otherwise) exceeds the aggregate of the payments
required up to that time by the maintenance order;

(b) the normal deduction rate specified by the attachment of earnings order (or
where two or more such orders are in force in relation to the maintenance
order, the aggregate of the normal deduction rates specified by those
orders) exceeds the rate of payments required by the maintenance order;
and

(c) no proceedings for the variation or discharge of the attachment of earnings

order are pending;

the officer shall give the prescribed notice to the person to whom he is required to pay
sums received under the attachment of earnings order and to the defendant.

(2) The court which made the order shall-

(a) make the appropriate variation order; or

(b) if it thinks fit, at the request of the defendant made to the court in the
prescribed manner and before the expiration of the prescribed period, make
an order either discharging the attachment of earnings order or varying that
order in such manner as the court thinks just.

(3) Where at any time it appears to the proper officer to whom payments under an
attachment of earnings order made by a subordinate court are to be paid that the
conditions specified in paragraphs (a) to (c) of subsection (1) are satisfied, that officer
shall make an application to that court for the appropriate variation order, and the court
shall-

(a) grant the application; or

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(b) if it thinks fit, where the defendant appears at the hearing of the application
and requests the court to do so, make an order either discharging the
attachment of earnings order or varying that order in such manner as the
court thinks just.

(4) In this section "the appropriate variation order" means an order varying the
attachment of earnings order in question by reducing the normal deduction rate specified
thereby so as to ensure that the rate (or, in the case mentioned in paragraph (b) of
subsection (1), the aggregate of the rates therein mentioned) is the same as the rate of
payments required by the maintenance order or is such lower rate as the court thinks just,
having regard to the amount of the excess mentioned in paragraph (a) of subsection (1).

30. An order varying an attachment of earnings order shall not come into force until Notice to be given of
the expiration of seven days from the date when a copy thereof is served on the person to variation
whom the attachment of earnings order is directed.

31. Where notice is given to a court under section twenty-four, the court shall Discharge of order on
discharge the attachment of earnings order to which the notice relates. cancellation of
registration of related
maintenance order

32. (1) An attachment of earnings order shall cease to have effect- Order discharged in
certain circumstances

(a) upon the grant of an application for the registration of the related
maintenance order;

(b) where the related maintenance order is registered, upon the giving of notice
with respect to it under section twenty-four;

(c) upon the making of an order of commitment or the issue of a warrant of

commitment for the enforcement of the related maintenance order or upon
the exercise for that purpose of any power conferred on a subordinate court
to postpone the issue of such a warrant; or

(d) upon the discharge of the related maintenance order while it is not
registered:

Provided that where the related maintenance order is discharged as mentioned in

paragraph (d) and it appears to the court discharging the order that arrears thereunder will
remain to be recovered after the discharge, that court may direct that this subsection shall
not apply.

(2) Where an attachment of earnings order ceases to have effect as provided by

subsection (1), the proper officer of the prescribed court shall give notice of the cessation
to the person to whom the order was directed.

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(3) Where notice is given to a court in pursuance of subsection (4) of section

thirty-three, the court shall discharge the attachment of earnings order to which the notice
relates.

(4) Where an attachment of earnings order ceases to have effect as provided by

subsection (1), or is discharged otherwise than under subsection (3), the person to whom
the order is directed shall not incur any liability in consequence of his treating the order as
still in force at any time before the expiration of seven days from the date when the notice
required by subsection (2) or, as the case may be, a copy of the discharging order, is
served on him.

33. (1) A person to whom an attachment of earnings order is directed shall, Liability under orders
notwithstanding anything in any other law but subject to the other provisions of this Act,
comply with the order or, if the order is subsequently varied, with the order as so varied.

(2) Where, on any occasion on which earnings fall to be paid to a defendant, there
are in force two or more attachment of earnings orders relating to those earnings, then, for
the purpose of complying with the order, the employer shall-

(a) deal with those orders according to the respective dates on which they
came into force, disregarding any later order until any earlier order has
been dealt with; and

(b) deal with any later order as if the earnings to which it relates were the
residue of the defendant's earnings after the making of any payment under
the order in pursuance of any earlier order.

(3) An employer who, in pursuance of an attachment of earnings order, makes a

payment under that order shall give to the defendant a statement in writing specifying the
amount of that payment.

(4) A person to whom an attachment of earnings order is directed who, at the time
when a copy of the order is served on him or at any time thereafter, has on no occasion
during the period of four weeks immediately preceding that time been the defendant's
employer shall forthwith give notice in writing in the prescribed form to the court which
made the order.

(5) A person to whom an attachment of earnings order is directed shall, where the
defendant ceases thereafter to be employed by him, within fourteen days of such
cessation give notice thereof to the court that make the order.

34. (1) Where proceedings relating to an attachment of earnings order are brought Powers of court to
in any court, the court may, either before or at the hearing- obtain statements of
earnings, etc.

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(a) obtain-
(i) the name and address of his employer, or of each of his employers
if he has more than one;
(ii) such particulars as to the defendant's earnings as may be so
specified; and
(iii) such prescribed particulars as may be so specified for the purpose
of enabling the defendant to be identified by his employer; and

(b) order any person appearing to the court to be an employer of the defendant
to give to the court, within a period specified by the order, a statement
signed by him or on his behalf of such particulars as may be specified by
the order of all earnings of the defendant which fell to be paid by that
person during such period as may be so specified.

(2) A document purporting to be a statement of the kind mentioned in subsection (1)

shall, in any proceedings mentioned in that subsection, be received in evidence and be
deemed to be such a statement without further proof, unless the contrary is shown.

35. (1) The court by which an attachment of earnings order has been made shall, Powers of court to
on the application of the person to whom the order is directed, or of the defendant, or of determine whether
the person in whose favour the order was made, determine whether payments to the payments are earnings
defendant, or a particular class or description of such payments, specified by the
application are earnings for the purposes of that order; and the person to whom the order
is directed shall be entitled to give effect to any determination for the time being in force
under this subsection.

(2) A person to whom an attachment of earnings order is directed who makes an

application under subsection (1) shall not incur any liability for failing to comply with the
order in relation to any payments of the class or description specified by the application
which are made by him to the defendant while the application, or any appeal in
consequence thereof, is still on foot and undetermined.

36. (1) The officer to whom an employer pays any sum in pursuance of an Miscellaneous
attachment of earnings order shall pay that sum, in accordance with rules of court, to the provisions as to
person specified by the attachment of earnings order as being the person entitled to payments
receive payments under the related maintenance order.

(2) Any sums received, by virtue of an attachment of earnings order, by the person
entitled to them shall be deemed to be payments made by the defendant so as to
discharge-

(a) first, any sums for the time being due and unpaid under the related
maintenance order (a sum due at an earlier date being discharged before a
sum due at a later date); and

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(b) secondly, any costs incurred in proceedings relating to the maintenance

order which were payable by the defendant when the attachment of
earnings order was made or last varied.

(3) Notwithstanding anything in any other law, an employer may retain the
prescribed amount for his own use out of any balance of the defendant's earnings, to
defray his reasonable costs of compliance with an attachment of earnings order.

37. (1) In relation to earnings falling to be paid by the Government, this Act shall Earnings paid by the
have effect subject to the following modification, that is to say: government

(a) the earnings shall be treated as falling to be paid by the chief officer for the
time being of the department, office or other body concerned; and

(b) section thirty-eight shall not apply except in relation to a failure by the
defendant to comply with an order under section thirty-four.

(2) If any question arises, in connection with any proceedings relating to an

attachment of earnings order, as to what department, office or other body is concerned for
the purposes of this section, or as to whom for those purposes is the chief officer thereof,
that question shall be referred to and determined by the Minister responsible for finance.

(3) A document purporting to set out a determination of the Minister responsible for
finance under subsection (2) and to be signed by an official of the Ministry responsible for
community development and social welfare shall, in any proceedings mentioned in that
subsection, be admissible in evidence and shall be deemed to contain an accurate
statement of such a determination unless the contrary is shown.

(4) The provisions of this Act shall extend to apply to a pension or other allowance
granted under any law in Zambia.

38. (1) A person who- Offences

(a) fails to comply with an attachment of earnings order or any order of the
court given under this Part; or

(b) gives a notice or statement in pursuance of such an order, knowing the

same to be false in a material particular;
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five
thousand penalty units or to imprisonment for a term not exceeding six months or to both.

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(2) It shall be a defence for a person charged with an offence by virtue of paragraph
(a) of subsection (1) to prove that he took all reasonable steps to comply with the order in
question.
(As amended by Act No. 13 of 1994)

PART VII MISCELLANEOUSPART VII

MISCELLANEOUS

39. (1) Notwithstanding anything in this Act, the clerk of a subordinate court who is Special provisions for
entitled to receive payments under a maintenance order for transmission to another subordinate courts
person shall not apply for an attachment of earnings order, or (except as required under
section twenty-nine) an order discharging or varying an attachment of earnings order, in
respect of those payments unless he is requested in writing to do so by a person entitled
to receive the payments through him; but where such a request is made-
(a) he shall comply with the request; and
(b) the person by whom the request was made shall have the same liabilities
for all the costs properly incurred in or about any proceedings taken in
pursuance of the request as if the proceedings had been taken by that
person;
and, for the purpose of paragraph (b), any application made by the clerk as required by
section twenty-nine shall be deemed to be made on the request of the person in whose
favour the attachment of earnings order in question was made.

(2) A subordinate court by which payment of any arrears under a maintenance order
is enforceable shall have jurisdiction to issue and entertain complaints under this Act
against any person resident in Zambia, whether within or outside the territorial jurisdiction
of the subordinate court.

40. (1) The Minister may, by statutory instrument, make regulations for or with Regulations and rules
respect to any matter that by this Act is required or permitted to be prescribed, or that is
necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The Chief Justice may, by statutory instrument, make rules, not inconsistent with
the regulations, for the better carrying into effect of this Act.

41. Except for any claim for affiliation or maintenance or other cause which was English law to cease
instituted before the commencement of this Act, the Bastardy Laws Amendment Act, to apply
1872, of the United Kingdom and any provision of the England law providing for the
maintenance or custody of children, shall cease to apply in Zambia.

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42. An order made under any law referred to in section forty-one, to the extent that Transitional provision
it could have been made under this Act if this Act had been in force at the time it was
made, shall be deemed to have been made under this Act, and may be varied or
discharged accordingly.

43. The Maintenance Orders Act and the Maintenance Orders (Enforcement) Act Certain laws of
shall cease to apply to the maintenance of children or orders made in respect thereof. Zambia to cease to
apply to maintenance
of children
Cap. 55
Cap. 56

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