The government has adopted a zero-tolerance approach to child maintenance defaulters to ensure children receive the support they deserve.
THE South African government has announced a zero-tolerance policy towards parents who fail to pay child maintenance or papgeld.
This initiative comes after the Justice Department signed a memorandum of understanding (MOU) with the Consumer Profile Bureau and the Social Justice Foundation, aimed at blacklisting those who default on their maintenance obligations.
In an interview on Newzroom Afrika, Justice and Constitutional Development Minister Thembi Simelane explained that this measure arises from Section 28 of the Maintenance Act, which mandates the state to act on behalf of parents who have received court orders for child maintenance.
These orders primarily protect underage children and ensure that both parents contribute to their wellbeing. Simelane stated, “We are interested in ensuring that the union that me and you produce a beautiful boy or girl, who as a state we need to take care of”.
Simelane said that the issue of child maintenance defaults is alarmingly high, with about 80% of parents failing to adhere to their court orders.
Simelane noted that a significant number of these defaulters are State employees who often misrepresent their compliance when applying for jobs.
The initiative aims not to punish parents but to hold them accountable for their responsibilities, she said.
“This is not a punishing system. This is a system of law which allows you as a parent to approach the magistrate to adjust your maintenance order if your financial situation changes,” she emphasised.
The government plans to implement a multi-phase approach to this initiative, beginning with garnishee orders for government employees who fail to comply, said Simelane.
By December, the system will be operational, allowing credit bureaux access to maintenance default information.
Moreover, Simelane said by early 2025, the initiative aims to integrate with the South African Revenue Service (Sars) to ensure comprehensive tracking of maintenance obligations.
Simelane also reassured that the process will be fair and transparent.
“Once an order has been issued by a magistrate, it is taken very seriously, and both parents’ responsibilities are made clear,” she explained.
The aim is not only to ensure financial support for children but also to facilitate a healthy relationship between parents post-separation, ensuring that children benefit from both parents’ involvement, she said.
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