Child support investigators on board soon
The recruitment of 10 investigators to be deployed to nine magistrate courts in Namibia, which is set to significantly improve the handling of child support cases at maintenance courts, is in its final stages.
“The officials are expected to commence their duties as soon as the recruitment process is done,” Simon Idipo, from the justice ministry, confirmed this week.
He said the ministry is “still positive” the investigators will commence with their work this month “pending the finalisation of the process”.
The absence of investigators in maintenance courts has been identified by experts as a key weakness in Namibia's child support court system, and many mothers have said they either had to undertake their own investigations to collect the necessary evidence or appoint private and costly investigators to boost their chances of success at court.
In May, Namibian Sun reported exclusively that in line with these and other issues, the ministry advertised 10 positions in March for investigators to be deployed to maintenance courts in Ondangwa, Oshakati, Otjiwarongo, Rundu, Swakopmund, Walvis Bay, Windhoek and Katima Mulilo. Idipo said “the appointment of these officials will hugely resolve many hindrances which have been faced in resolving maintenance matters”.
A 2013 in-depth study of Namibia's maintenance system and laws by the Legal Assistance Centre (LAC) described the lack of investigators in child support cases as a “key concern”. The study found that on average, someone makes a maintenance complaint in Namibia every 30 minutes during working hours, totalling between 4 000 and 5 000 child support complaints each year across the country.
On average, at the time, complainants were awarded around N$250 per child per month, which the study described as an unrealistic “reflection of needs”.
The low child support payments were in part due to a “lack of thorough investigation of the financial situation of defendants, a problem that is mostly due to the lack of maintenance investigators appointed to the courts”, the study stated.
The LAC recommended that, amongst other things, investigators will “allow the maintenance courts to ensure that defendants and witnesses are found and that the financial status of the parties is properly investigated, resulting in a higher success rate for maintenance complaints and the making of orders that reflect the real situation of the complainant and defendant”.
The study highlighted that child support complaints are usually laid by mothers, with less than 1% of child support claims laid by fathers.
A child's right
In May, Ingrid Husselmann, the children's advocate in the Office of the Ombudsman, told Namibian Sun that in terms of Namibia's laws, both parents are obligated to maintain their children, and all children have the right to be maintained by both parents. Legally, the custodian parent can institute a claim for maintenance if it is not being paid willingly by the other parent, she explained.
The law further allows someone who does not have the means to make cash payments to instead provide non-monetary or in-kind contributions. She said the ombudsman's office trusts that with the appointment of the investigators “most of the issues regarding claims for maintenance will be resolved”. Investigators will be able to carry out a number of duties, which have proved challenging to date, including locating people required to attend a child support enquiry, serving court papers, tracing and evaluating assets and other tasks. Yolande Engelbrecht of the LAC told Namibian Sun the investigators have “very wide powers of investigation”, including the power to demand wage and asset information from employers and banks.
She said unlike maintenance officers, who have similar powers but less time, the investigators will “have more time for collecting information, without having to attend to other responsibilities at the same time”.
James Itana of Regain Trust told Namibian Sun “the absence of men as fathers in Namibia is a well-known fact and it transcends the economic status of mothers”.
“Most children in Namibia are being raised my single mothers.”
Itana underlined “a father's involvement, active participation and care for their children should not be regarded as merely helping the mother, but should be seen as a mandatory responsibility and duty.
Therefore, men cannot and should never be allowed to take a backseat where their parental duties are concerned.
JANA-MARI SMITH
“The officials are expected to commence their duties as soon as the recruitment process is done,” Simon Idipo, from the justice ministry, confirmed this week.
He said the ministry is “still positive” the investigators will commence with their work this month “pending the finalisation of the process”.
The absence of investigators in maintenance courts has been identified by experts as a key weakness in Namibia's child support court system, and many mothers have said they either had to undertake their own investigations to collect the necessary evidence or appoint private and costly investigators to boost their chances of success at court.
In May, Namibian Sun reported exclusively that in line with these and other issues, the ministry advertised 10 positions in March for investigators to be deployed to maintenance courts in Ondangwa, Oshakati, Otjiwarongo, Rundu, Swakopmund, Walvis Bay, Windhoek and Katima Mulilo. Idipo said “the appointment of these officials will hugely resolve many hindrances which have been faced in resolving maintenance matters”.
A 2013 in-depth study of Namibia's maintenance system and laws by the Legal Assistance Centre (LAC) described the lack of investigators in child support cases as a “key concern”. The study found that on average, someone makes a maintenance complaint in Namibia every 30 minutes during working hours, totalling between 4 000 and 5 000 child support complaints each year across the country.
On average, at the time, complainants were awarded around N$250 per child per month, which the study described as an unrealistic “reflection of needs”.
The low child support payments were in part due to a “lack of thorough investigation of the financial situation of defendants, a problem that is mostly due to the lack of maintenance investigators appointed to the courts”, the study stated.
The LAC recommended that, amongst other things, investigators will “allow the maintenance courts to ensure that defendants and witnesses are found and that the financial status of the parties is properly investigated, resulting in a higher success rate for maintenance complaints and the making of orders that reflect the real situation of the complainant and defendant”.
The study highlighted that child support complaints are usually laid by mothers, with less than 1% of child support claims laid by fathers.
A child's right
In May, Ingrid Husselmann, the children's advocate in the Office of the Ombudsman, told Namibian Sun that in terms of Namibia's laws, both parents are obligated to maintain their children, and all children have the right to be maintained by both parents. Legally, the custodian parent can institute a claim for maintenance if it is not being paid willingly by the other parent, she explained.
The law further allows someone who does not have the means to make cash payments to instead provide non-monetary or in-kind contributions. She said the ombudsman's office trusts that with the appointment of the investigators “most of the issues regarding claims for maintenance will be resolved”. Investigators will be able to carry out a number of duties, which have proved challenging to date, including locating people required to attend a child support enquiry, serving court papers, tracing and evaluating assets and other tasks. Yolande Engelbrecht of the LAC told Namibian Sun the investigators have “very wide powers of investigation”, including the power to demand wage and asset information from employers and banks.
She said unlike maintenance officers, who have similar powers but less time, the investigators will “have more time for collecting information, without having to attend to other responsibilities at the same time”.
James Itana of Regain Trust told Namibian Sun “the absence of men as fathers in Namibia is a well-known fact and it transcends the economic status of mothers”.
“Most children in Namibia are being raised my single mothers.”
Itana underlined “a father's involvement, active participation and care for their children should not be regarded as merely helping the mother, but should be seen as a mandatory responsibility and duty.
Therefore, men cannot and should never be allowed to take a backseat where their parental duties are concerned.
JANA-MARI SMITH
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