Speeches

Remarks at the signing ceremony of the Memorandum of Understanding on the Maintenance Online Listing of Defaulters by Ms Thembisile Simelane, MP, Minister of Justice and Constitutional Development, 01 November 2024

Programme Director and Deputy Director General for Court Administration, Mr L C Mohalaba
Adv D Mashabane, Director General of the Department of Justice and Constitutional Development
Ms A Greyvenstein, Chairperson of the Social Justice Foundation and staff from the Foundation
Ms M Short, the Chief Executive Officer of the Consumer Profile Bureau and staff from the Bureau
Representatives from the National Credit Regulator
Members of the Media
Distinguished guests,
Ladies and gentlemen,

Good Morning,
I am extremely honoured to be here today and take this opportunity to thank the Department and our partners, the Social Justice Foundation and the Consumer Profile Bureau for the historic partnership we are signing today intended to address an issue deeply tied to our values as a nation. This day is without any shadow of doubt historic as it heralds a new era in our quest to ensure that maintenance defaulters have no place to hide. Today, through this memorandum of understanding, we are sending a clear and unequivocal message to those who have been shirking their responsibilities to pay maintenance that their days are numbered. We are indeed coming for them.

When the Director General informed me about this signing ceremony I could not help it but recall the words of the late Justice Mokgoro who said the following in the case of Bannatyne:
“Systemic failures to enforce maintenance orders have a negative impact on the rule of law. The courts are there to ensure that the rights of all are protected. The Judiciary must endeavour to secure for vulnerable children and disempowered women their small but life-sustaining legal entitlements. If court orders are habitually evaded and defied with relative impunity, the justice system is discredited and the constitutional promise of human dignity and equality is seriously compromised for those most dependent on the law. It is a function of the State not only to provide a good legal framework, but to put in place systems that will enable these frameworks to operate effectively. Our maintenance courts and the laws that they implement are important mechanisms to give effect to the rights of children protected by section 28 of the Constitution. Failure to ensure their effective operation amounts to a failure to protect children against those who take advantage of the weaknesses of the system.”

There is no doubt that the failure to pay maintenance has a negative impact on the best interests of our children and it also undermines the child’s right to be maintained. The Constitution protects and provides in section 28(2) that ‘a child’s best interests are of paramount importance in every matter concerning the child’. Section 15(3)(a) of the Maintenance Act creates an obligation on both parents to support their children proportionately in accordance with their financial means. However, and notwithstanding this provision, many parents still fail to support their children and this failure negatively impacts on the children’s rights to maintenance, which includes the provisions of food, accommodation, education, health, clothes. The said failure contributes to the adversities and poverty experienced by many children including those that are still at school.

Subject to the defence that failure to make a payment in terms of a maintenance order is due to lack of means, a person who fails to make a particular payment in accordance with a maintenance order is guilty of a criminal offence and liable on conviction to a fine or to imprisonment. Parents are therefore fully entitled to lay a criminal charge against a person who is obliged to pay maintenance in terms of a court order if he/she fails to stick to the terms of the order. Although this step will likely result in a person’s arrest, it will not necessarily result in receiving payment.

Judging by the numbers of the long queues at the maintenance service centres, it is crystal clear that the enforcement of maintenance payments is a highly problematic area. Often people liable to pay maintenance either refuse or simply neglect to fulfil their obligation.

South Africa’s commitment to child welfare is embedded in our laws, and our obligations as a signatory to the Convention on the Rights of the Child stand as a testament to this. We are duty-bound to take every measure necessary to ensure that the maintenance for children is not only an ideal but a reality. This project signals our dedication to protecting and empowering the future generation.

Currently, an alarming number of children depend on maintenance from a non-custodial parent. The harsh reality is that too often, these maintenance obligations go unmet, exacerbated by systemic issues that we can no longer afford to overlook. The Maintenance Online Listing Project, which is the subject of the memorandum of understanding, will create a structured, transparent framework where maintenance obligations are tracked, enforced, and integrated within our financial systems.

The strength of this project lies in the powerful partnership between the public and private sectors. The Department of Justice, the Social Justice Foundation, and the Consumer Profile Bureau have come together to drive this initiative forward. Each partner brings a unique strength: legal oversight, community engagement, and data-driven solutions, ensuring that this initiative reaches every corner of our nation and stands as a model of efficiency and accountability.

This project is not merely a tool for enforcement; it is also a commitment to fairness. By integrating maintenance obligations within the credit evaluation framework, we envisage to ensure that financial responsibility is recognized and respected. This approach is not just punitive in nature but serves as a fair reminder that support for our children is non-negotiable. Ultimately, this initiative will support families, reduce the burden on our courts, and relieve public resources. The path we are creating today allows us to build a more supportive society where every parent is held accountable, and every child’s well-being is prioritized.

In conclusion, let us stand together in our commitment to a just and fair society. The project is a powerful step forward, ensuring that our children receive the support they deserve. Together with our valued partners, I look forward to a future where South Africa’s children are empowered, protected, and provided for. As former President Mandela said:
“Our love for our children is undiminished. Their innocence and energy, their happiness and welfare must be protected and treasured. It is their laughter that I yearned for while in prison. My Children’s Fund will continue to bring hope to children and young people.”

I believe that this partnership will bring much needed hope to the children of South Africa.

I thank you.