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100 signatures reached
To: To the Minister of Justice and Constitutional Development- Minister Thembi Nkadimeng and Chief Justice Mandisa Maya
Enforce Mandatory Bank Statement Provision for Child Maintenance Application Process
[Campaign Update] On Wednesday, 22 January. The Public Protector of South Africa hosted a regional public hearing into systemic failures in child maintenance at Lentegeur Civic. We will continue to update you on next steps.
Some fathers have resorted to not bringing financial documents because they know that they will be given yet another period of six weeks to come with the bank statement.
Non-compliance in this context refers to fathers who go to Maintenance Court and do not bring their financial documents (bank statements) to court for the first appearance of mediation when they were told to do so beforehand. The bank statements are the most important documents because they let the Maintenance Officer know how much the father earns so that they can calculate how much to give to the child/children.
Some fathers have resorted to not bringing financial documents because they know that they will be given yet another period of six weeks to come with the bank statement.
Non-compliance in this context refers to fathers who go to Maintenance Court and do not bring their financial documents (bank statements) to court for the first appearance of mediation when they were told to do so beforehand. The bank statements are the most important documents because they let the Maintenance Officer know how much the father earns so that they can calculate how much to give to the child/children.
Maintenance courts are failing both the mothers and children by not enforcing the regulation and criminally charging the fathers that do not bring bank statements to court the first time. The Maintenance Regulation 3.3 states that “Any person who fails to comply with a direction contemplated ,shall be guilty of an offense and liable on conviction to imprisonment for a term not exceeding six months”
We have started a campaign for the enforcement of regulation 3.3 so it can work effectively as a deterrent(encouragement not to do something) to non-compliance.
We call upon Minister of Justice and Constitutional Development, Thembi Nkadimeng to [1] Enforce the Maintenance Act Regulation 3.3.
We call upon Minister of Justice and Constitutional Development, Thembi Nkadimeng to [1] Enforce the Maintenance Act Regulation 3.3.
Why is this important?
The impact of withholding bank statements is ignored despite most women being unemployed and earning less than men. Women are, for the most part, expected to carry the financial responsibilities alone while the fathers live their best lives without repercussions.
The prolonging of the maintenance application process is very common in our courts, much to the detriment of mothers who have to witness the child going to school without full school uniform because the mother is unemployed and can not afford it, or having to resort to going to a loan shark (Mashonisa)because the mother needs money to buy food and end up creating an unending debt.
The prolonging of the maintenance application process is very common in our courts, much to the detriment of mothers who have to witness the child going to school without full school uniform because the mother is unemployed and can not afford it, or having to resort to going to a loan shark (Mashonisa)because the mother needs money to buy food and end up creating an unending debt.
The mother has to prove that the father is able to afford the financial request that the mother lodges with the court, therefore ensuring that fathers provide their bank statements is of utmost importance.
Some fathers often verbally claim that they cannot afford to pay maintenance yet he does not let his bank statement support or oppose his claim. During mediation, fathers are given the liberty to tell the maintenance officers how much they can pay as maintenance without any pressure to produce the bank statement so that the maintenance officer can ascertain how much he should be ordered to pay. This kind of sloppiness allows fathers to dodge the application process altogether.
"I began the maintenance process on 28 August 2019. We both appeared for mediation, except the father of my child did not bring his bank statement even after being given six weeks before the first appearance.He knew it was mandatory to bring it on the first court date. From the 28th of August 2019 to 14 September 2022, he had several excuses of why he could not provide his bank statements, some of which are as follows;
28 August 2019 - he didn’t know that he was supposed to bring it. A six week postponement was given to give him as a chance to bring it on the following date which fell on the 8th of October 2019 – where he insisted that he didn’t get a chance off work to go to the bank, another six weeks was granted by the court to fall on 20 November 2019 – when he presented a fake suspension letter that said he was not getting paid for the following 3 months pending investigation. The claim and letter would have had to be investigated for further six weeks postponement for us to return on the 14th of January 2020 – where he claimed that he was no longer working. A further six weeks of investigation meant we would be back in court on the 25th of February 2020 – where he did not show up for yet another six weeks extension that would see us back in court on the 7th of April 2020 except the country went into lockdown on 26 March 2020. In September 2021, lockdown regulations eased a bit and I resumed the application process. The excuses started again with six weeks of postponement every time that got us to October 2022 when he alleged that our daughter was not his. I felt like I was compromising my daughter’s safety by forcing the process which had already proven that I was fighting a losing battle Feeling extremely burnt out and emotionally drained, I fell through the cracks and abandoned the process altogether" - Sonia
While this was happening, I had to sell off my valuables, such as my fridge, sofas, and jewelry, to pay rent, pay for school transport, buy groceries, and maintain basic monthly expenses. At the time, the only income I had was the child grant (R480). I have borrowed taxi fare to and from court since August 2019, accumulating an unending debt.
If you are a woman who has suffered this kind of injustice before or knows someone who has or if you are a man who knows about men who evade the maintenance process come and join us as we fight this injustice If enough of us come together, we can ensure that we put a spotlight how the courts are not enforcing an important regulation in the justice system.
The President and other politicians value the rights of children hence we feel it is time to amplify children’s voices until the Minister of Justice and Constitutional Development criminally charges fathers who do not comply with the requirements of the application process.
The President and other politicians value the rights of children hence we feel it is time to amplify children’s voices until the Minister of Justice and Constitutional Development criminally charges fathers who do not comply with the requirements of the application process.
Sign this petition now. South Africa is in a dawn of new era with a newly appointed Minister of Justice and Constitutional Development Thembi Nkadimeng whom we challenge to take a fresh new look at the current system and fix loopholes that are a hindrance to achieving children’s rights and a more effective and timeous maintenance application process.
References
Maintenance Act 99 of 1998