Azra Hoosen | ah@radioislam.co.za
8 November 2024 | 13:45 CAT
2 min read

Parents who skip child maintenance payments could soon be blacklisted under a new initiative aimed at boosting accountability. The Department of Justice and the Social Justice Foundation are setting up a database to track defaulters, linking courts, credit bureaus, and service providers. This move follows findings that 70% of parents fail to meet their maintenance obligations within two years despite it being a criminal offence.

Laurie Greyvenstein, Director at the Social Justice Network, told Radio Islam that under section 311 of the Maintenance Act, failing to comply with a maintenance order is a criminal offence. “For many years, it was possible to have maintenance defaulters blacklisted, but it wasn’t mandatory. Nine years ago, we lobbied for an amendment to the Maintenance Act, making it mandatory for maintenance defaulters to be listed on credit bureaus,” he said.

Greyvenstein added that the legislature took an additional step by mandating that individuals who fall behind on maintenance payments, even if they have not been convicted, can also be listed on credit bureaus.

According to Greyvenstein, under section 24 of the Maintenance Act, if there is a criminal charge for non-compliance, they can be arrested within ten days. Non-payment is also treated as a civil debt, so with an existing court order, further legal action can proceed without lengthy procedures—potentially within just ten days.

He stated that 18 years ago, he began working in alternative dispute resolution, focusing on handling various disputes through different methods. Mediation, for instance, offers a more approachable solution, but it does not excuse individuals who deliberately fail to comply with orders.

“We have signed a memorandum of understanding with the Department of Justice. In a month or so, the department will start handing over the new cases that come in where there is a default. We will start with the new cases, and then once we are up and running, the old cases will come in as well,” he said.

An app was created to serve as an electronic parenting plan, helping parents who live apart coordinate their parental rights and responsibilities. The app also assists with maintenance matters, allowing users to submit maintenance orders and report arrears. Greyvenstein noted that it is currently being integrated with the Justice Department’s systems for streamlined support.

Greyvenstein advised the public to start by reporting non-compliance with maintenance orders to the courts. Additionally, he recommended visiting www.maintenanceorders.co.za for further assistance.

LISTEN to the full interview with Ml Sulaimaan Ravat and Laurie Greyvenstein, Director at the Social Justice Network, here.