Cape Argus

‘Courts abusing children’

No justice for the maintenanc­e-seekers

- Marvin Charles marvin.charles@inl.co.za

IT’S abuse in another form – mothers trying to get justice from a maintenanc­e court so that errant fathers can pay their child support. A group of them picketed outside the maintenanc­e court in Plein Street yesterday, demanding that the Department of Justice hear their plight.

Rene Fahrenfort has had her maintenanc­e case postponed more than 24 times. She was diagnosed with cancer in 2015 and for two years her case has been in court and then postponed.

“What happened originally was that my husband came to hospital and saw how I looked and then just stopped my maintenanc­e payments,” Fahrenfort said.

She went to court to report the matter but it’s been an ongoing battle for her.

“I haven’t received a cent so far and nothing has been done. I have received seven months of chemo and had two major operations and I still had to go to court,” she said. She said it’s been a heartbreak­ing journey for her.

“I am hoping for this to go to trial and I would like to see someone held accountabl­e for this incompeten­ce,” she said.

She is part of Child Maintenanc­e Difficulti­es in South Africa (CMDSA), which held demonstrat­ions outside the maintenanc­e court in Plein Street. They also handed over a memorandum to the clerk of the maintenanc­e court, which included 10 demands. The group were demanding urgent interventi­on in the maintenanc­e courts, where they said service delivery was declining.

“It’s to highlight the abuse of children by the Department of Justice. There are cases that have not been resolved in over 20 years. It just goes on and on. So we are here to highlight the inefficien­cies of the department,” said Felicity Guest, founder of CMDSA.

Guest started CMDSA in July 2014 as a Facebook group to offer support to people going through the maintenanc­e system. Over the years they have garnered the support of more than 19 000 members and are managed by a strong administra­tion team consisting of retired magistrate­s, paralegal advisers and mediators.

“Woman come to these courts to get some sort of financial relief, but they can’t and many of them end up going through depression because they give up,” said Guest.

Among the demands CMDSA listed were full compliance with the provisions of the Children’s Act; for the child’s right to family care or parental care; to basic nutrition, shelter, basic health-care services and social services; to be protected from maltreatme­nt, neglect, abuse or degradatio­n.

They also want cases to be resolved within a six-month period and compulsory implementa­tion of interim maintenanc­e where there is no maintenanc­e from the parent that receives an income.

The DA’s spokespers­on for women in the presidency, Denise Robinson, said: “My heart goes out to the numerous mothers and women who struggle to get maintenanc­e. The justice system does not seem to be supporting woman and we as the Democratic Alliance called time and time again for additional funding for the department. The system is broken.”

Robinson added that she would be intensifyi­ng her call for more resources and funding to be given to the Department of Justice.

Percival Wagenstroo­m from the Justice Department said: “When it comes to family matters it really touches us deeply. From our side, the department will look into this and respond to their grievances,” he said. –

THERE ARE CASES THAT HAVE NOT BEEN RESOLVED IN OVER 20 YEARS. IT JUST GOES ON AND ON. WE’RE HERE TO HIGHLIGHT THE INEFFICIEN­CIES

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