15 000 maintenance defaulters
The flagrant disregard for maintenance payments shows the need to raise awareness about the duty of both parents to take financial and emotional responsibility for their children.
Nearly half of all active maintenance cases in Namibia's 33 magistrate courts are cases where parents, mostly fathers, have failed to honour court ordered child support payments.
A summary provided by the Office of the Judiciary to Namibian Sun showed that out of 31 104 active maintenance cases before 33 Namibian courts, 15 097 are default cases.
In Windhoek, 8 290 default cases are before the maintenance court, out of a total of 11 479 active cases.
The Walvis Bay Magistrate's Court is dealing with 1 895 default cases, out of a total of 2 432 active cases.
In Rundu, of the 1 954 cases, 1 409 are maintenance defaulters.
Oshakati's court officials are actively dealing with 598 default cases, out of a total of 1 371 active maintenance cases.
In Keetmanshoop, 464 out of 571 active maintenance cases are related to failed child support payments.
A high number of active maintenance cases have been logged at Katima Mulilo - a total of 5 578 - of which 157 are default cases.
Ondangwa has logged 1 015 active child support cases, and in Oshakati, 1 371 are before the court.
Defaults a daily matter
Each year, the courts are assailed with new maintenance cases on top of old ones, the Legal Assistance Centre's 2013 child support study found.
“On average, someone makes a maintenance complaint in Namibia every 30 minutes during working hours. Between 4 000 to 5 000 complaints are filed at the maintenance courts each year,” LAC researcher Yolande Engelbrecht said.
It is, however, estimated that a mere two-thirds of complaints ever result in an order being made, she added.
Referring to the default numbers before the courts currently, Engelbrecht described the current high number of default cases as “clearly problematic”.
Tougher payment mechanisms should be implemented, she noted.
“The figures suggest that fathers continue to disregard their duty to pay a fair share of child support, showing that there is a need to raise awareness amongst the younger generation about the duty of both parents to take financial and emotional responsibility for their children.”
The Maintenance Act allows single parents to report arrear payments 10 days after the date the payment was due.
A number of options exist to address default payments, such as imposing a warrant of execution, an order for the attachment of wages and/or an order for the attachment of debts. Engelbrecht said the LAC usually informs clients that when they apply for maintenance they should request for an emoluments attachment order, which allows for direct deductions from the respondent's salary to help avoid default payments. The court can also implement criminal proceedings, although these will usually be a secondary option, she said. Failure to pay maintenance is a crime punishable by a fine of up to N$4 000 or imprisonment for up to 12 months.
The difference in a child's life
Maintenance matters are currently high on the national agenda of the justice system.
A writ published recently by the Office of the Judiciary on the issue of child support, noted that “it's a sad reality that some men do not provide support voluntarily, and usually have to be forced through a court order to do something that should have come naturally”.
The judiciary writ notes that “a responsible man is one, who out of own accord, invests in his child simply because he loves and cares for his child and knows that he has a part to play in the success of the child's life”.
It notes that it is “disheartening” for children to grow up knowing that a parent refused to contribute to their upbringing.
Enforcement of child support plays a pivotal role in the quality of a child's life.
“It can determine whether a child has bread to eat, warm clothes, attends remedial classes to assist performance, or simply has access to a hot bath in winter,” the writ states.
It further noted that child support has broader societal consequences.
“Equally important is that it prevents generational poverty. Many children from single-headed households are unable to access education, because there is no money. However, if there is child support, the single parent is able to meet the educational, medical and basic needs of the child.”
The writ quotes a statement made by then justice minister now attorney-general, Albert Kawana, during a parliamentary debate on child support in which he stated: “I am aware that some parents value alcohol more than their children. What is wrong with our society?”
The judiciary writ addresses the friction that arises through official child support processes in the halls of justice, by noting that the Maintenance Act's primary aim is to strengthen the rights of children to be financially maintained by both parents.
“Simply put, the best interests of the child are the priority. This is a principle that runs like a golden thread through legislation and legal disputes that affect the welfare of children.”
JANA-MARI SMITH
A summary provided by the Office of the Judiciary to Namibian Sun showed that out of 31 104 active maintenance cases before 33 Namibian courts, 15 097 are default cases.
In Windhoek, 8 290 default cases are before the maintenance court, out of a total of 11 479 active cases.
The Walvis Bay Magistrate's Court is dealing with 1 895 default cases, out of a total of 2 432 active cases.
In Rundu, of the 1 954 cases, 1 409 are maintenance defaulters.
Oshakati's court officials are actively dealing with 598 default cases, out of a total of 1 371 active maintenance cases.
In Keetmanshoop, 464 out of 571 active maintenance cases are related to failed child support payments.
A high number of active maintenance cases have been logged at Katima Mulilo - a total of 5 578 - of which 157 are default cases.
Ondangwa has logged 1 015 active child support cases, and in Oshakati, 1 371 are before the court.
Defaults a daily matter
Each year, the courts are assailed with new maintenance cases on top of old ones, the Legal Assistance Centre's 2013 child support study found.
“On average, someone makes a maintenance complaint in Namibia every 30 minutes during working hours. Between 4 000 to 5 000 complaints are filed at the maintenance courts each year,” LAC researcher Yolande Engelbrecht said.
It is, however, estimated that a mere two-thirds of complaints ever result in an order being made, she added.
Referring to the default numbers before the courts currently, Engelbrecht described the current high number of default cases as “clearly problematic”.
Tougher payment mechanisms should be implemented, she noted.
“The figures suggest that fathers continue to disregard their duty to pay a fair share of child support, showing that there is a need to raise awareness amongst the younger generation about the duty of both parents to take financial and emotional responsibility for their children.”
The Maintenance Act allows single parents to report arrear payments 10 days after the date the payment was due.
A number of options exist to address default payments, such as imposing a warrant of execution, an order for the attachment of wages and/or an order for the attachment of debts. Engelbrecht said the LAC usually informs clients that when they apply for maintenance they should request for an emoluments attachment order, which allows for direct deductions from the respondent's salary to help avoid default payments. The court can also implement criminal proceedings, although these will usually be a secondary option, she said. Failure to pay maintenance is a crime punishable by a fine of up to N$4 000 or imprisonment for up to 12 months.
The difference in a child's life
Maintenance matters are currently high on the national agenda of the justice system.
A writ published recently by the Office of the Judiciary on the issue of child support, noted that “it's a sad reality that some men do not provide support voluntarily, and usually have to be forced through a court order to do something that should have come naturally”.
The judiciary writ notes that “a responsible man is one, who out of own accord, invests in his child simply because he loves and cares for his child and knows that he has a part to play in the success of the child's life”.
It notes that it is “disheartening” for children to grow up knowing that a parent refused to contribute to their upbringing.
Enforcement of child support plays a pivotal role in the quality of a child's life.
“It can determine whether a child has bread to eat, warm clothes, attends remedial classes to assist performance, or simply has access to a hot bath in winter,” the writ states.
It further noted that child support has broader societal consequences.
“Equally important is that it prevents generational poverty. Many children from single-headed households are unable to access education, because there is no money. However, if there is child support, the single parent is able to meet the educational, medical and basic needs of the child.”
The writ quotes a statement made by then justice minister now attorney-general, Albert Kawana, during a parliamentary debate on child support in which he stated: “I am aware that some parents value alcohol more than their children. What is wrong with our society?”
The judiciary writ addresses the friction that arises through official child support processes in the halls of justice, by noting that the Maintenance Act's primary aim is to strengthen the rights of children to be financially maintained by both parents.
“Simply put, the best interests of the child are the priority. This is a principle that runs like a golden thread through legislation and legal disputes that affect the welfare of children.”
JANA-MARI SMITH
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