With effect from today, parents who default on child maintenance will be blacklisted and blocked from getting credit while owing maintenance.
The defaulters names would be submitted to the credit bureaus.
Also, if the defaulting parent cannot be traced, the court can grant an order directing cellphone service providers
to give the court contact in-
formation of the person in question.
The court may only use this directorate if the court is satisfied that all reasonable efforts to locate the person in question have failed.
The cost implications to obtain the information from the service providers will be funded by the State if it is found that the complainant cannot afford to do so.
The court may also order the defaulter to refund the State, the costs incurred, if the State has paid for the provision of information.
“The manner in which these new provisions will be applied in practice is regulated by regulations which have been prepared in consultation with the affected stakeholders, most notably the credit bureaus,” said Justice and Constitutional Development department’s spokesperson Mthunzi Mhaga.
In 2015, the justice portfolio committee removed the blacklisting provision from the bill, but the DA protested against this removal.
Department of Justice and Constitutional Development says it is welcoming the signing of the Maintenance Amendment Act into law by President Jacob Zuma, with the exception of three sections of the act which required the making of regulations.
“The enhancement of the maintenance system and helping ensure that the most vulnerable in society, which are women and children, are provided for by those who have an obligation to maintain them remains a priority of the department,” said Mhaga.
He said Sections 2, 11 and 13(b) of the Amendment Act will be operationalised.
“This will prevent maintenance defaulters from continuing to receive credit while owing maintenance,” said Mhaga
He said the amendment will “assist in tracing defaulters who often do everything in their power to dodge their maintenance obligations”.
Mhaga said the department was committed “to ensuring a speedier and more efficient maintenance system, one that ensures the needs of children affected are put first”.
“These new provisions constitute part of a wider range of measures introduced by the department to bring about real change in service delivery to maintenance beneficiaries and ensure access to justice for all”.
Provincial Social Development Department MEC Albert Fritz welcomed the law saying it was “very progressive”.
“We support the piece of legislation, it is a great move. Parents should take great responsibility for their children,” said Fritz.