MAINTENANCE WEEK TO BE HELD TO CELEBRATE WOMENS DAY

Issued by: Department of Justice

In celebrating National Women's Day, the Department of Justice has undertaken to hold open court days across the country, between 2nd and 9th August 1998 (also known as Maintenance Week). Four courts in each of the nine Provinces are to be identified by the regional offices, where these open court days will be held. A list of those offices already identified is attached for your information. For more information regarding the date and format of the activities, the appropriate magistrates offices can be contacted.

Maintenance Week holds special significance in that the new legislation on maintenance is to be promoted. The focus of Maintenance Week is on rural courts and is aimed specifically at women of the rural communities, in the hope of empowering them by means of education on the subject of maintenance.

This concept was developed as a result of deep concern for the problems experienced by South African women regarding maintenance collection. Women (sometimes with their babies) have to travel long distances and wait in queues just to be told that no maintenance money was paid in by the father. It is obvious then that women, as well as children, bear the brunt of the shortcomings in the judicial maintenance system. This clearly infringes the values of the dignity and equality contained in our Constitution.

The new Maintenance Bill is an interim measure, pending a total review of the whole maintenance system by the SA Law Commission. Some of the more important provisions of the Bill, which will bring about changes to the existing law are highlighted below:-

• The appointment of maintenance investigators to assist maintenance officers and trace those liable to pay maintenance or who have failed to comply with maintenance orders;
• The tightening of existing measures to enforce maintenance orders;
• It enforces the common law duty of parents to support their children;
• The Minister of Justice has the power to prescribe guidelines to a maintenance court when making maintenance orders.
• Maintenance courts have the power to make an order authorising the employer of the defaulter (respondent) to deduct the maintenance payments from the respondents salary and to pay it on behalf of the respondent to the designated person/institution.
• The court may make an order by default, that is, in the absence of the respondent if it is satisfied that the person has knowledge of a subpoena issued and that he/she has failed to appear before the maintenance court as required. The Defaulter then has 20 days in which to respond.

During the open court days, women, as well as the general public, will be given the opportunity to address their maintenance problems to experts at the courts. Individual courts will devise programmes of their own for the day. A help-desk will be staffed throughout the day in order to inform and advise those seeking assistance. Pamphlets regarding maintenance and copies of the Maintenance Bill will also be available for distribution.

The Department of Justice is also aware of the serious administrative problems regarding maintenance, especially in the major cities. These difficulties are being addressed by the Department as best as possible.

It is hoped that this campaign as well as the new maintenance legislation, would have created a sense of awareness in women regarding their rights as well as encourage maintenance payers to fulfill their obligation as parents. The Department of Justice remains committed to improving the plight of women and children in South Africa. It is for this reason that the Department has called upon all prosecutors to exercise empathy and sensitivity when dealing with maintenance cases.

MAGISTRATE'S OFFICES ALREADY IDENTIFIED FOR ACTIVITIES DURING CELEBRATIONS OF NATIONAL WOMEN'S WEEK

(1) Northern Cape (2) KwaZulu Natal -- Upington - Mahlabathini - Springbok - Hlanganani - Calvinia - Mapumulo - Carnavon - Emzumbe

(3) Western Cape (4) Eastern Cape - Beaufort West - Maluti - Vredendal - Bizana - Robertson - Whittlesea - Heidelberg - Willowvale

(5) Northern Province (6) Gauteng - Bochum - Meyerton - Sekhukbune - Khutsong Police Stn - Malamulele - Mamelodi - Tshikaleli - Pretoria

(7) Free State (8) Mpumalanga - Kroonstad - Evander - Bethlehem - Eerstehoek - Phuthaditjaba-Tseki - Mdutjane - Botshabelo - Nsikasi

(9) North West - Wolmaranstad

For further information regarding dates and times of the open court days, the following regional offices can be contacted:-

1. North West tel: (0140) 875 111 2. Eastern Cape tel: (0431) 420 710 3. Gauteng tel: (011) 331 0441 4. Western Cape tel: (021) 462 5471-9 5. Northern Cape tel: (0531) 825 653/4/5 6. Free State tel: (051) 448 4093/4 7. Mpumalanga tel: (013) 710 0144 8. Northern Province tel: (015) 633 7976 9. KwaZulu Natal tel: (031) 301 5303

ISSUED BY THE CHIEF DIRECTORATE: COMMUNICATION SERVICES OF THE DEPARTMENT OF JUSTICE

30 JULY 1998

PRETORIA

ENQUIRIES: Amanda Haasbroek tel: 012-323 9302 x2184 cell: 082 460 7922 Rasiga Naicker tel: 012-323 9302 x2189 fax: 012-321 8291