‘Childcare a responsibility of both parents’

By Emily Setona

QWAQWA – Parents have shared stories about how the court system often fails them in matters of child support and maintenance. This sentiment was echoed by Dimakatso Mokoena, who spoke of her despair and frustration during a recent public participation hearing.

The Public Protector South Africa (PPSA), in collaboration with the Department of Justice (DoJ), the Commission for Gender Equality (CGE), and other key stakeholders, held a public hearing at the Phuthaditjhaba Multipurpose Hall on January 23.

The event provided a platform for residents of Maluti-a-Phofung (MAP) to voice their struggles with the child maintenance system.

Mokoena shared how she has been struggling to secure financial support from the father of her child after leaving an abusive relationship.

“I opened a maintenance case in January 2024, but my court date was scheduled for March, and nothing has happened since. The authorities have yet to investigate or contact my child’s father at his workplace. I am left in the dark with no updates.

“I have suffered from depression and, at times, felt so overwhelmed that I even considered ending my life and my child’s. My child has a skin condition, and I cannot manage everything on my own,” she said.

Another mother, Portia Nyamati from Tseki, expressed similar frustrations, revealing that she struggles to provide for her three children alone.

“My husband left me for his mistress, who now controls his finances and makes it difficult for him to honour the court-ordered maintenance agreement. I want to know how I can ensure he pays what he owes,” Nyamati stated.

However, concerns were not only raised by mothers. David Mpheshia, a father, argued that the system appears biased in favour of mothers, often disregarding a father’s employment status.

“It feels like the courts always favour mothers. Do they take into account whether the father is working or not? Is maintenance always split 50-50, or is it based on income?” he asked.

In response to these concerns, Leandi Eisterhuizen from the CGE assured attendees that the maintenance system aims to prioritize the child’s best interests by considering both parents’ circumstances.

“The courts do not discriminate against any gender. Every case is thoroughly investigated to ensure the best interests of the child are upheld. Both parents are responsible for the child, and while women are often the ones pursuing maintenance, fathers also have rights and responsibilities,” she explained.

Echoing this sentiment, Samantha Britz from the DoJ highlighted that maintenance investigators are tasked with conducting thorough assessments to ensure fairness.

“Regardless of whether the respondent is employed or not, the child’s needs remain, and both parents have a legal duty to provide support,” Britz emphasized.

Senior manager of the PPSA, Advocate Elsabe de Waal, stressed the importance of raising awareness about parental rights and responsibilities.

“Protecting children’s interests should be our top priority. These public hearings allow us to gather valuable input to improve policies and laws around the maintenance system. Parents should also utilize complaint systems within the courts and seek support from local NGOs,” she said.

The Maintenance Act of 1998 and other related childcare legislation in South Africa establish that both parents are legally obligated to support their children financially, regardless of their relationship status.

The legislation outlines procedures for applying for maintenance, enforcement mechanisms, and penalties for non-compliance. It ensures that the needs of the child, such as education, healthcare, and general welfare, are prioritized. Courts consider factors such as the financial means of both parents and the standard of living the child was accustomed to before the separation.

The act also provides legal recourse for parents facing non-compliance issues, allowing them to seek enforcement through garnishee orders and legal action against defaulting parents.