Maintenance Amendment Act ‘ensures justice for all’
The act was part of a wider range of measures to bring about real change in service delivery
PRETORIA: By signing the Maintenance Amendment Act into law last week, President Jacob Zuma has improved the maintenance system, which will assist in bringing dodging parents or former spouses to book.
The act not only streamlines the way forward for those constantly struggling to get maintenance for themselves or their children, but also forces parents to take responsibility for ensuring their children are financially taken care of.
The Department of Justice said the amendment of the act had been its major priority as it would ensure parents took responsibility for the upbringing of their children.
The department said the act was part of a wider range of measures to bring about real change in service delivery to maintenance beneficiaries and ensure access to justice for all, particularly children and women.
The act, among others, will further regulate the lodging of complaints and the investigation of maintenance complaints. Interim maintenance orders can now also be given, pending the main legal battle. This means the cashstrapped spouse or parent can receive an interim payment while waiting for the outcome of a court case, which often takes a long time.
Pretoria-based lawyer Leon Haasbroek, from Shapiro & Haasbroek Inc, who among others specialises in maintenance cases, was optimistic that the amendment act would address the difficulties of the past – especially in obtaining and enforcing a maintenance order. It would also now be easier to obtain the financial particulars of a defaulting parent.
Haasbroek said in the past a maintenance application had to be served on the person by the police, the sheriff or a maintenance investigator. “I have appeared in many cases where the application could not be served as the respondent was ducking and diving. Now it can be served via electronic mail.”
It was now also easier to obtain details regarding a respondent’s financial status, as the person may face criminal charges if he or she refused to divulge these details. The amendment act compelled a maintenance officer, once an order had been granted and a respondent failed to pay, to refer the matter to the credit bureau, so that the respondent was blacklisted.
This could, however, only happen if the defaulter had been found guilty of non-payment by a criminal court.
Haasbroek said he had reservations about this provision, as the non-paying respondent would be listed with the credit bureau and thus be in a worse position to pay the arrear maintenance.
He hailed the provision that, for the first time, interim maintenance payments could be made. Legal proceedings often took a long time and a cash-strapped parent could in the meantime receive much-needed maintenance. Haasbroek, however, expressed his concern about whether the maintenance courts would have the manpower to ensure enforcement of these provisions.