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Maintenanc­e act make-over

Credit bureaus could stymie defaulting parents

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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.”

 ??  ??
 ??  ?? JOHN JEFFERY
JOHN JEFFERY
 ??  ?? JACKIE BRANFIELD
JACKIE BRANFIELD
 ??  ?? DENISE ROBINSON
DENISE ROBINSON
 ??  ?? VANESPIRI PILLAY
VANESPIRI PILLAY

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