Maintenance act make-over
Credit bureaus could stymie defaulting parents
The Maintenance Amendment Act, which could see child maintenance defaulters blacklisted, has been welcomed by women’s rights and child welfare organisations. But there are concerns about how well the legislation will work. CANDICE SOOBRAMONEY and JOLENE MARRIAH report.
THE Maintenance Amendment Act, aimed at improving South Africa’s child maintenance system, was signed into law last week and will allow for the personal details of absconding parents to be sent to credit bureaus, which will block them from acquiring credit.
Deputy Justice and Constitutional Development Minister John Jeffery reportedly said that maintenance, especially child maintenance, was one of major priorities of his department.
He said this was evident by the number of initiatives it continued to undertake to improve the system.
According to the department, the amendment of the Maintenance Act 1998 (Act No. 99 of 1998) is aimed at improving maintenance systems and ensuring that parents take responsibility for the upbringing of their children.
The DA’s spokeswoman on Women in the Presidency, Denise Robinson, said: “We are delighted with the amendment to the act. However, this piece of legislation sounds impressive in theory but we still need to know how it will work.”
Robinson, the leader of the DA Women’s Network, said maintenance courts were underresourced and this could pose a serious problem.
“We want the maintenance courts to be efficient, so matters can be sorted out within a reasonable time, because if it is not, it has enormous repercussions on the mother seeking maintenance, as it is an expensive process, and (impacts) on the welfare of the children.”
She said children must have access to money for their health care, educational needs and daily living.
“If a father defaults, the mother could find it exceptionally difficult to take care of the children. Time is of the essence.”
Robinson said most of the defaulters were men as the courts were generally in favour of children living with their mothers.
She said that during and after divorce proceedings parents could become bitter toward each other, and the children suffered.
“I know of a father who refused to pay maintenance and went to court dressed like a beggar. He was a wealthy person and had transferred his money into a family trust, yet he drove a smart car.
“This is where blacklisting becomes important. Defaulters cannot carry on and live the high life with their new families and then ignore the first family.”
She said that although the act had been implemented, she was waiting to see how it worked.
The founder and chief executive of Bobbi Bear, Jackie Branfield, shared similar views.
“I think it’s fantastic but I am concerned. South Africa has incredible legislation and one of the best constitutions in the world, but service delivery remains a problem,” she said. “So, I don’t know how effective the mechanisms of the act are actually going to be.”
Speaking about the repercussions of divorce, Branfield said that some fathers refused to give their former wives money because they feared they would spend it on themselves.
“But these dads should remember, those children are still their children regardless of what they may think of the mothers. If fathers continue to think this way, it is the children who will suffer and they will eventually become pawns in a power struggle.”
Branfield said some believed the best way to hurt someone else was through a child.
“My view is simple, if you have a child be responsible for that child.”
She added that it was essential for mothers to take equal responsibility for their children’s maintenance needs.
“A woman is equally responsible for maintaining the well-being of her children. You cannot expect your ex-husband to pay for everything when it takes two to make a child. Women forget they are responsible for half. It’s only fair.”
Her views on blacklisting, which can only be done via a court order? “I am for it, but in the bigger scheme of things, what happens to those children who do not know who their fathers are, or to those fathers who are unemployed and cannot pay child maintenance? You cannot take blood out of a stone.”
The director of Childline KZN, Vanespiri Pillay, welcomed the act amendments.
“All too often dads default on their maintenance payments and this could work as a deterrent. But how safe is the confidential information of all parties concerned by those who will have access to it?” she asked.
Pillay said that on average, KZN Childline received a dozen complaints about child maintenance defaulters a day.
Matthew Parks from the Cosatu Parliamentary Office said they regarded the amendments as a progressive step towards helping women.
“We strongly welcome it because it is long overdue,” he said.
“It will reduce the legal and administrative loopholes that have seen too many impoverished single parents and their children being denied the maintenance support due to them.”
Added Parks: “Part of the act involves using modern technology, like cellphones, to trace defaulters, who will then have to pay for the administrative costs of this process, because we cannot expect maintenance claimants to be burdened with this.”
He said Cosatu had urged the government to ensure that the department of justice and the courts had capacity to implement the full “spirit and letter of this progressive law” with the urgency it needs.
Asked why the trade union, which was initially against blacklisting, changed its mind, he said: “We didn’t want a situation where, for example, a father, who had a second family, got blacklisted for not paying maintenance for the first, and now another family (the second) would be not have access to money.”