Cape Town - The private member’s bill, which seeks to ensure maintenance complainants are entitled to claim allowances for subsistence and travel to and from court, has been largely welcomed by parties in Parliament.
Aljama-ah leader Ganief Hendricks introduced the Maintenance Amendment Bill last month after he gave his notice in December 2021.
Briefing the justice and correctional services portfolio committee on Friday, Hendricks said the applications for maintenance by mothers could drag up to seven years while there was no food on the table for the children.
In his presentation, Hendricks said the bill would extend the powers of maintenance officers when dealing with investigations and enquiries relating to maintenance matters. It would also provide for complainants to be advised of and be entitled to claim allowances for subsistence and travel to and from courts.
“The calculation of the transport and/or accommodation would be the duty of the relevant clerk of the court, and these are used for plaintiffs largely mothers and, in the same, such calculations have been done previously for the defendants, largely fathers, and witnesses in court matters.”
He told of stories shared with him by complainants at maintenance offices, about how difficult it was for them to get money for transport and finding accommodation when they attend court hearings.
“Although the aims of the Maintenance Act were to be fair, equitable and sensitive maintenance service with simplified, speedier and cheaper procedures prioritising the rights of children as well as to improve effectiveness of enforcement, it was, however, introduced as an interim measure pending a review of the South African maintenance system by the South African Law Commission.
“This revision or overhaul that took place has not resulted in an effective maintenance system.”
Hendricks also said studies undertaken since promulgation of the Maintenance Act have highlighted challenges regarding the effective operation of the law and maintenance system.
“These challenges, inter alia, include that the system remains in disarray. It is slow, ineffective, clogged up and fairly unproductive to enforce rights.
“We hope the committee will consider these amendments. It will bring much relief to the children all over the country,” Hendricks said.
DA MP Glynnis Breytenbach said she appreciated Hendricks’ effort as it sought to address serious issues in the maintenance system that was dilapidated, dysfunctional and user unfriendly.
“I am not sure the amendments will do what needs to be done,” she said.
Breytenbach said a lot of the problems Hendricks highlighted were a breakdown of the system in the justice system.
“We should pay attention and materially revamp the system and take on board some of the issues he highlighted,” Breytenbach said.
ANC MP Nomathemba Maseko-Jele said there were a lot of problems at maintenance offices.
“It is important that we focus and bring changes in that area too. I agree with everything he said in this presentation and support it,” Jele-Maseko said.
Committee on justice and correctional services chairperson Bulelani Magwanishe, said the bill showed that Hendricks was an MP that was on the ground, dealing with challenges facing the people.
Magwanishe also said the Department of Justice and Constitutional Development would be given an opportunity to come back with some responses to the proposed bill and thereafter there would be deliberations by the committee.
“If we are of the view that we should continue with the bill, necessary steps will be taken to invite the public to comment and process the bill.
“If the view is that we don’t process (the bill), we will write a report to the House,” Magwanishe said.
He gave the department three weeks to respond to the bill.
Cape Times