Yes. In terms of the provisions of Section 8 of the Reciprocal Enforcement of Maintenance Order Act[1] , a Provisional Order for Maintenance may be granted against a Non-Resident. The order may also be granted in absence of such person.

An individual is regarded as a Non-resident, if He or She is not ordinarily from South Africa and/or fails to meet the requirements of the Physical Presence Test[2], for tax purposes.

The above Order shall be granted against the Non-resident if,

• An enquiry is held,
• The latter is legally liable to maintain any person in the Republic, and
• The evidence is read over and signed by all the witnesses.

The relevant Court may forward the Order to the Minister, who shall, forward a copy along with other annexures, to the Secretary of the State or the Officer administering the government of the proclaimed Country.

Ladies and Gentlemen please ensure that you know the identity of the Father or Mother of your Child, this applies to those who may be living abroad. History has taught us that there are many children who are being raised by a single parent ,extended families and/or are in Orphanages, simply because the whereabouts of the biological parents are unknown.