Levels of non-payment in KZN ‘horrific’

A STAGGERING 34 093 – that’s the number of new maintenance applications throughout KwaZulu-Natal from April last year to June this year.

Advocate Ryan Moodley from the Department of Justice said KZN had 76 magistrate’s courts which dealt with maintenance.

He described the high level of non-payment as “horrific”.

The biggest challenge was when after a maintenance order was granted, the culprits, mainly men, quit their jobs, he said.

Each court has a maintenance investigator to assist applicants. “The investigator will assist the party, predominantly women seeking maintenance, by investigating all the circumstances presented before the court.”

Moodley said that of the top five excuses offered by offenders, “unemployment is number one”.

Fathers also claim they have no visitation or access to their child after divorce.

“Another claim is they are lacking resources. Many are employed in a family business. We recently had a case in Chatsworth where in a prominent family in business, the party claimed he only earned R10 000.

“After the investigator finished with the case, we found otherwise and there was a successful order granted,” he said.

“People also mislead the court by moving their assets to another person’s name.

“Paternity disputes, claiming it is not their child, also feature on the list of excuses.”

He said the target period for maintenance issues to be finalised was 90 days.

“Anything over 90 days is regarded as a backlog. We are actually meeting targets because mediation can be successful.”

About the highest amount being awarded for maintenance in KZN is around R50 000 a month.

“This depends on the income of the person and their lifestyle,” said Moodley.

He added that both parents’ salaries were taken into consideration, and the needs of the child.

National Prosecuting Authority spokeswoman Natasha Ramkisson said the NPA welcomed the decision to blacklist offenders. She said it would add to the efficiency of the maintenance system.

The director of public prosecution in KZN, advocate Moipone Noko, said the most pressing problem facing the courts with regards to maintenance was defaulters.

“The act will force them to pay and take responsibility,” Noko said.

“Accordingly to the Constitution, every child is entitled to be maintained and it is the parents’ legal duty to do so.”