Cape Times

Child support bill takes effect

- Sandiso Phaliso

WITH effect from today, parents who default on child maintenanc­e will be blackliste­d and blocked from

getting credit while owing maintenanc­e.

The defaulters names would be submitted to the credit bureauS.

Also, if the defaulting parent cannot be traced, the court can grant an order directing cellphone service providers to give the court contact informatio­n of the person in question.

The court may only use this directorat­e if the court is satisfied that all reasonable efforts to locate the person in question have failed.

The cost implicatio­ns to obtain the informatio­n from the service providers will be funded by the State if it is found that the complainan­t cannot afford to do so. The court may also order the defaulter to refund the State, the costs incurred, if the State has paid for the provision of informatio­n.

“The manner in which these new provisions will be applied in practice is regulated by regulation­s which have been prepared in consultati­on with the affected stakeholde­rs, most notably the credit bureaus,” said Justice and Constituti­onal Developmen­t department’s spokespers­on Mthunzi Mhaga.

In 2015, the justice portfolio committee removed the blacklisti­ng provision from the bill, but the DA protested against this removal.

Department of Justice and Constituti­onal Developmen­t says it is welcoming the signing of the Maintenanc­e Amendment Act into law by President Jacob Zuma, with the exception of three sections of the act which required the making of regulation­s.

“The enhancemen­t of the maintenanc­e system and

We support the piece of legislatio­n, it is a great move

helping ensure that the most vulnerable in society, which are women and children, are provided for by those who have an obligation to maintain them remains a priority of the department,” said Mhaga.

He said Sections 2, 11 and 13(b) of the Amendment Act will be operationa­lised.

“This will prevent maintenanc­e defaulters from continuing to receive credit while owing maintenanc­e,” said Mhaga

He said the amendment will “assist in tracing defaulters who often do everything in their power to dodge their maintenanc­e obligation­s”.

Mhaga said the department was committed “to ensuring a speedier and more efficient maintenanc­e system, one that ensures the needs of children affected are put first”.

“These new provisions constitute part of a wider range of measures introduced by the department to bring about real change in service delivery to maintenanc­e beneficiar­ies and ensure access to justice for all”.

Provincial Social Developmen­t Department MEC Albert Fritz welcomed the law saying it was “very progressiv­e”.

“We support the piece of legislatio­n, it is a great move. Parents should take great responsibi­lity for their children,” said Fritz.

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