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Maintenance Defaulters’ Days Are Numbered, Warns Minister.

Johannesburg: Justice and Constitutional Development Minister Thembi Simelane says the days of those who have been shirking their responsibilities and not paying maintenance are numbered. ‘We are indeed coming for them,’ said Simelane, who was speaking at the signing ceremony of the Memorandum of Understanding on the Maintenance Online Listing of Defaulters held in Johannesburg on Friday. She said the signing was historic, as it heralded a new era in the quest to ensure that maintenance defaulters have no place to hide.

According to South African Government News Agency, the Minister emphasized the negative impact that failing to pay maintenance has on children, undermining their right to be maintained. She referenced section 28(2) of the Constitution, which states that ‘a child’s best interests are of paramount importance in every matter concerning the child.’ Simelane further highlighted that section 15(3)(a) of the Maintenance Act obligates both parents to support their children proportionately according t
o their financial means. Despite this, many parents fail to uphold their responsibilities, affecting children’s rights to maintenance, including food, accommodation, education, health, and clothing.

Simelane explained that neglecting maintenance payments is a criminal offense, punishable by fines or imprisonment. Parents are entitled to file criminal charges against those who fail to comply with court-ordered maintenance. While this could lead to arrests, it does not guarantee payment. She pointed to long queues at maintenance service centers as evidence of the enforcement challenges. The Minister reiterated South Africa’s commitment to child welfare, as reflected in national laws and international obligations under the Convention on the Rights of the Child.

She emphasized that the memorandum’s signing demonstrates the government’s dedication to safeguarding future generations. The Maintenance Online Listing Project aims to create a transparent system for tracking and enforcing maintenance obligations, inte
grating them within financial systems. This initiative is a collaboration between the Department of Justice, the Social Justice Foundation, and the Consumer Profile Bureau, combining legal oversight, community engagement, and data-driven solutions for efficiency and accountability.

Simelane noted that the project is not solely punitive but also a commitment to fairness, reinforcing that support for children is non-negotiable.