Who may ask for a child support debtor's driving licence to be suspended, and what must already have happened before that request may be made?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the lump-sum payment order or the performance order decision made under the Family Litigation Act, any record showing the support obligation was still not performed, and the committee's deliberation papers; the debtor's licences and papers on how each is used also matter.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the chain of conditions, subject to the livelihood exception in the proviso: the Minister of Gender Equality and Family may, after committee deliberation and deliberation-decision, request the metropolitan or provincial police chief (including anyone delegated that authority) to suspend the licence of a support debtor who, having obtained a lump-sum payment order or performance order under the Family Litigation Act, still does not perform the support obligation, where that debtor is among those designated by presidential decree; the request covers every licence the debtor holds from that police chief.
Another reading notes what the provision leaves unsettled: which debtors fall within the class the presidential decree designates is not stated here, so the same non-performance after an order does not by itself place a debtor within the Minister's reach, and the provision only says the Minister 'may' request suspension rather than must.
Your judgment
How could the file show that the licence is used directly to maintain a livelihood and that suspending it would make it difficult for the debtor to maintain a livelihood?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the presidential decree designating which debtors are covered is amended, or if a court decision explains how directly a licence must be used for livelihood before the exception applies.