Councillor Elton Jansen, Sub-council 17 chairperson
On Wednesday January 22, I attended in Lentegeur, Mitchell’s Plain, a public hearing by the Public Protector South Africa as a result of complaints received of systemic failure of the maintenance courts.
The purpose of the public hearings as per Advocate Deon Barnard, Public Protector South Africa’s executive manager for coastal provinces, is to identify through thousands of complaints received and deficiency in the (department of justice’s) maintenance department.
“The system is a mess” were the words of Rodney Isaacs, Western Cape provincial manager of the Department of Justice.
It is unacceptable that the number one excuse from government departments, such as home affairs, SASSA, SAPS and labour, is the system is offline. It cannot be accepted as normal.
If we understand the negative effect on society of poverty and economic disadvantage, which leads to kids joining gangs because it is financially viable, more accountability must be put on government officials working in the space of maintenance.
So many single mothers are unemployed, having to borrow money to go to a maintenance office. We heard very sad stories, among others, that travel cost reimbursement is denied when the act allows reimbursement, and no offer for legal representation for mothers.
Maintenance courts do not stick to the law, for example Section 33.1 of the constitution of South Africa, that speaks to the right to administrative justice. The interest of the child must be the highest priority.
I have made the following submissions:
1 Failure to pay maintenance should be criminalised and listed on ITC Credit Bureau.
2 Failure to pay maintenance should be recognised by government as a form of domestic violence.
3 Staff must be adequately trained to deal with people in a dignified manner.
4 Staff should know that the well-being of the child should be the number one priority as per the Children’s Act 38 of 2005.
5 Maintenance must be processed with urgency, dignity and speedy efficiency as per the Maintenance Act 99 of 1998.
6 A total system change is required.
7. A file must be able to be opened whether the person has a permanent job or not. In 2025 you do not need a permanent job to make a living or earn money. Having a permanent job cannot be a requirement to open a maintenance case.
8 All cases must be investigated.
9 Complainants must have an accessible complaints centre where people can lodge complaints like an ombudsman when they do not receive adequate and satisfactory service.
10 An independent complaints number must be available at every Maintenance Court.
11 The process to submit maintenance applications must be made public and easy to complainants. A complainant must be able monitor her case.
12 Employ private investigators to assist maintenance officials to find non-maintenance payers if the workload is high.
13 Employ and train more maintenance officers and investigators.
14. Single parents should not be discriminated against. Legal assistance must be made available (like criminals receive when arrested).
I urge people who struggle with maintenance complaints to contact Public Protector South Africa’s Western Cape representative, Mulao Lamula on wcregistry@pprotect.org or contact the National Prosecuting Authority on cclerk@npa.gov.za
