Cape Times

Maintenanc­e Amendment Act ‘ensures justice for all’

- Zelda Venter

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.

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