Issued by: Department of Justice
NEW LEGISLATION WILL EMPOWER COURTS TO TACKLE MAINTENANCE DEFAULTERS: PUBLIC ASKED FOR COMMENTS
The Deartment of Justice today published a consultation document containing draft legislation for reform of the maintenance system which will give courts new powers to clamp down on maintenance defaulters.
The Department has now identified short-term changes which it sees as the way forward for reform of the maintenance system which will give courts new powers to clamp down on maintenance defaulters.
The Department has now identified short-term changes which it sees as the way forward for reform of the maintenance system. The Maintenance Bill is being published in its draft form today to allow court users, magistrates, maintenance officers and the public at large, to comment on the detailed proposals.
The Deputy Minister of Justice, Dr Manto Tshabalala-Msimang MP, welcomed the publication of the draft legislation and commented as follows:
"Reform of the maintenance system is long overdue. At the moment the law itself ties the hands of maintenance courts. They cannot make a maintenance order against someone who does not turn up in court, and cannot order the money to be deducted from his wages until he has been convicted for failing to pay maintenance.
Although this legislation proposes a relatively minor change in the law, it will have an enormous effect of families."
The main points of the legislation proposed are:
The Department of Justice has embarked on a two stage process for reform of the maintenance system. The South African Law Commission, which was asked to examine the maintenance system in August 1996, will examine the practical effect of the changes made by the draft Bill in formulating their long-term proposals for the improvement of the maintenance system.
The above-mentioned consultation document presents two options for the way maintenance orders should be enforced, namely:
1. Keeping the current system of using criminal prosecution to enforce maintenance orders, whilst tightening up the procedure to ensure that more is done to recover unpaid maintenance once a respondent has been convicted of failing to pay maintenance.
2. Keeping criminal prosecutions as a fall-back, while enforcing maintenance orders through civil courts with the emphasis squarely on getting the respondent to pay maintenance which has not been paid.
The views of the public and those involved in the maintenance system will be important when the Government makes a decision as to which of the two options to adopt.
The Deputy Minister also stated: "We could have waited for the Law Commission to complete its investigation into the maintenance system before making any changes, but there were some straightforward things which could be done now, and with which everyone can agree.
We did not see why we should wait to make those changes whilst the system was still providing inadequate support to the women and children who rely on it. The Minister and I both said in our budget speeches that we wanted to see progress on maintenance legislation this year. We are glad to see that progress has been made.
Of course, we will want to hear what people have to say before making up our minds. However, at this stage I think there's a lot to be said for doing away with criminal prosecutions, except in cases of blatant refusal to pay. We must not forget that we're dealing with families here, and families where the relationships between the child and both parents are critical."
She furthermore added: "When a father loses his job and cannot pay maintenance, it doesn't help if he finds himself in a criminal court along with shoplifters and muggers. We need a system that will ascertain if a respondent should have paid the maintenance, and if so, then enforce payment by him as quickly as possible."
Members of the public who wish to respond should send their comments to:
The Secretary to Parliament P O Box 15 CAPE TOWN 8000 (marked for the attention of Mr Ben Kali) Tel: 021 - 4033843 Fax: 021 - 4622141
The Maintenance Bill contained in the consultation document has been approved by Cabinet and will be introduced into Parliament as soon as possible. The Department hopes it will be passed early in the next Parliamentary session.
ISSUED BY THE CHIEF DIRECTORATE: COMMUNICATION SERVICES OF THE DEPARTMENT OF JUSTICE
13 NOVEMBER 1997 PRETORIA
Enquiries: Tinus Crafford Tel: (012) 315 1111 Fax: (012) 328 5259