Maintenance defaulters’ days are numbered, warns Minister

1 November 2024 by Guest

Justice and Constitutional Development Minister Thembi Simelane says the days of those who have been shirking their responsibilities and not paying maintenance are numbered.

“We are indeed coming for them,” said Simelane, who was speaking at the signing ceremony of the Memorandum of Understanding on the Maintenance Online Listing of Defaulters held in Johannesburg on Friday.

She said the signing was historic, as it heralded a new era in the quest to ensure that maintenance defaulters have no place to hide.

“There is no doubt that the failure to pay maintenance has a negative impact on the best interests of our children and it also undermines the child’s right to be maintained.

“The Constitution protects and provides in section 28(2)… that ‘a child’s best interests are of paramount importance in every matter concerning the child.’

“Section 15(3)(a) of the Maintenance Act creates an obligation on both parents to support their children proportionately in accordance with their financial means.

“However, and notwithstanding this provision, many parents still fail to support their children and this failure negatively impacts on the children’s rights to maintenance, which includes the provision of food, accommodation, education, health and clothes,” the Minister said.

She said a person who fails to make a particular payment, in accordance with a maintenance order, is guilty of a criminal offence and liable, on conviction, to a fine or to imprisonment.

“Parents are therefore fully entitled to lay a criminal charge against a person who is obliged to pay maintenance in terms of a court order if he/she fails to stick to the terms of the order. Although this step will likely result in a person’s arrest, it will not necessarily result in receiving payment.

“Judging by the numbers of the long queues at the maintenance service centres, it is crystal clear that the enforcement of maintenance payments is a highly problematic area. Often, people liable to pay maintenance either refuse or simply neglect to fulfil their obligation.

“South Africa’s commitment to child welfare is embedded in our laws, and our obligations, as a signatory to the Convention on the Rights of the Child, stand as a testament to this. We are duty-bound to take every measure necessary to ensure that the maintenance for children is not only an ideal but a reality,” Simelane said.

The Minister said the signing of the memorandum signalled government’s dedication to protecting and empowering the future generation.

Simelane explained that the Maintenance Online Listing Project, which is the subject of the memorandum of understanding, will create a structured, transparent framework where maintenance obligations are tracked, enforced and integrated within our financial systems.

“The strength of this project lies in the powerful partnership between the public and private sectors. The Department of Justice, the Social Justice Foundation and the Consumer Profile Bureau have come together to drive this initiative forward.

“Each partner brings a unique strength: legal oversight, community engagement, and data-driven solutions, ensuring that this initiative reaches every corner of our nation and stands as a model of efficiency and accountability,” the Minister said.

The Minister further explained that the project was not merely a tool for enforcement, but it was also a commitment to fairness.

“This approach is not just punitive in nature but serves as a fair reminder that support for our children is non-negotiable,” she said. – SAnews.gov.za

Edwin
Fri, 11/01/2024 – 12:02

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