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I have today written to the Public Protector, Adv. Thuli Madonsela, to formally request that her office initiate a full-scale investigation into the failure of the Department of Justice and Constitutional Development to provide speedy and satisfactory relief to many maintenance beneficiaries. These beneficiaries, most of whom are women and children, have to struggle on an ongoing basis to force non-paying parties to comply with their basic responsibilities.

Yesterday, during a briefing of the Justice Portfolio Committee on the Public Protector’s Annual Report, I asked Adv. Madonsela whether she would be prepared to investigate the systemic failures of the maintenance courts in addressing the desperate needs of women and children. She indicated that such an investigation may well be required.

For the past two financial years, no court order has been made in respect of approximately 60% of new maintenance applications. This is unacceptable, and is inhibiting people, especially children, from accessing the opportunities and services to which they are entitled. Parents should accept financial responsibility for their children, and allow them to maximise their potential, instead of abusing the system to avoid doing so. When this occurs, it is imperative that the Department of Justice and Constitutional Development acts to protect and promote the best interests of the children.

The Democratic Alliance (DA) believes the Department is not fulfilling this responsibility.
In the DA-run Western Cape, the provincial government has introduced a number of initiatives to tackle the problem of child maintenance defaulters. These include directly supporting beneficiaries in their battle to get support from absent fathers by publishing untraced defaulters’ names, and tasking community development workers to go door-to-door to trace child maintenance beneficiaries.

It is essential that the Department protects and promotes the interests of the children who are affected by non-payment of maintenance. I trust that Adv. Madonsela will consider my request for an investigation with the urgency it deserves.