Crisis in Potchefstroom maintenance courts leave families in desperation

In a small courtroom in Potchefstroom, South Africa, desperate parents, predominantly women, wait for maintenance orders to be enforced. The backlog is staggering, with thousands of cases languishing due to systemic failures and understaffing at the maintenance courts.

Marlene Steyn du Toit, a prominent local lawyer and member of the Potchefstroom Tlokwe Bar Association, has been vocal about the dire situation. She highlights the severe delays faced by applicants, noting that even obtaining a maintenance order can take as long as six months; “It is taking months before a maintenance order is issued. It has been dragging on for as long as six months.” These delays increase the financial strain on single mothers, leaving them unable to provide for their children’s basic needs.

One such mother, who preferred to remain anonymous, shared her heart-wrenching story of financial hardship exacerbated by her ex-husband’s failure to pay maintenance; “I know what it is like not to have food in the house, to feed my three small children. I know how difficult it is to decide whether to use the R100 my children’s school gave me to either put petrol in my car to go to work or to buy electricity.”

She recounts the frustrating bureaucratic maze she has navigated since her ex-husband stopped paying maintenance earlier this year, accruing over R90,000 in arrears. Despite submitting all necessary forms and regularly following up with the Potchefstroom maintenance office, she has encountered endless delays and excuses; “My file is in a queue somewhere and it is moving slower than a snail! I again today 2024-06-06 at 14:55 visited the Maintenance office and was told the Prosecutor is off sick.”

According to reports, there are currently only two maintenance clerks and one maintenance officer responsible for handling over 3000 active cases. Any absence due to sickness or leave brings the already sluggish process to a complete halt.

Johan le Grange, a legal representative advocating for several women facing similar issues, underscores the urgent need for streamlined processes; “Maintenance cases should be handled as soon as the necessary documents are filed.” The Maintenance Act, designed to ensure timely and effective enforcement of maintenance orders, appears to be falling short of its intended purpose in Potchefstroom. The Act provides avenues for civil execution against property, garnishment of wages, and other measures to compel compliance, yet these mechanisms are often paralyzed by administrative bottlenecks.

The dire situation is exacerbated by physical infrastructure issues, including a collapsed courtroom ceiling that has yet to be fully repaired since its partial collapse in September 2022. This has forced some proceedings to be held in nearby municipal halls, further disrupting an already strained system. Egalalelo Masibi, spokesperson for the Department of Justice, acknowledges the challenges but points to ongoing efforts to address the backlog; “The backlog has arisen because there is only one maintenance officer. There are currently 639 pending cases on the roll.”

Despite assurances from the Department, little progress has been made in alleviating the burdens faced by applicants. Many continue to wait months for a hearing date, unsure of when, or if, their cases will be resolved. For Llewida May, another concerned parent, the stakes are high as her children’s educational future hangs in the balance due to the father of her child’s non-payment; “Life is hard, and my child must get the best education the system has to offer, and therefore school fees must be paid, sport tours and other school activities has to be paid, but the child maintenance justice system is delaying our cases,” expressed Ms. May.

The emotional and financial toll on these families is profound. Calls for urgent intervention have grown louder, with advocates like Marlene Steyn du Toit urging immediate action; “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.”