‘We are coming for you’ – Simelane signs MOU to restrict credit for child maintenance defaulters

The Minister of Justice and Constitutional Development, Thembi Simelane, has signed a memorandum of understanding (MOU) with the Social Justice Foundation and Consumer Profile Bureau to isolate child maintenance defaulters from economic activities.

The MOU on maintenance will drive the online listing of defaulters with the Consumer Profile Bureau and Social Justice Foundation.

‘Nowhere to hide’

“This marks a historic step in our mission to ensure maintenance defaulters have nowhere to hide. Through this MOU, we send a clear message to those avoiding their responsibilities: your days are numbered. We are coming for you,” said Simelane during the signing at the Brigitte Mabandla Justice College on Saturday.

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The department will develop a system to forward the details of child maintenance defaulters to the credit bureau, which will then make this information available to all other credit bureaus and credit providers.

“This will result in child maintenance defaulters’ ability to get access to credit being impacted upon. This move is aimed at implementing the provisions of the maintenance act, 1998 (Act No.99 of 1998) (the Act) as amended.

“Both the Civil and the Criminal provisions of the Act have provisions which require the forwarding of personal details of the maintenance defaulters who fail to pay child maintenance and have enforcement order judgments against them to the credit bureaus and Credit providers. This partnership will not only benefit the implementation of the Act, but will, at a later stage benefit the broader orders made within the Family Law environment.

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“This partnership is critical as it will create a system which will not only create a mold register, but it will also streamline the process to ensure that critical information is in line with the provisions of the Act and the Children’s Act, 2005 as amended.”

Child maintenance cases

The minister said her department would also partner with the Department of Employment and Labour to ensure that potential candidates are asked about any court orders against them, rather than focusing solely on criminal records.

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“You will not be treated economically friendly in the country where you neglect your child. Failure to pay maintenance negatively impacts the best interests of our children and undermines their right to support. This neglect fuels hardship and poverty, affecting countless children, including those still in school.

“If someone fails to pay maintenance as per a court order (unless due to lack of means), they are committing a criminal offence and can face fines or imprisonment. Parents are entitled to file criminal charges if maintenance obligations aren’t met.”

Simelane said that countless child maintenance cases have come before courts in the country, with accompanying orders, yet many parents have not respected the court orders.

“We want to put a stop on that, we want to fully implement it,” said Simelane.

ALSO READ: Child maintenance payment system suspended, leaving recipients in financial distress

The Executive Director of the Social Justice Foundation, Anneke Greyvenstein, told SowetanLive that up to 70% of those with maintenance obligations default within the first two years of the court order.