Justice and Constitutional Development Minister, Mmamoloko Kubayi, has called on parents to fulfil their shared responsibility to maintain their children.
She was speaking at the Maintenance Matters community
engagement held in Mfuleni, on Tuesday. This engagement forms part of
the Department’s efforts to educate communities about their rights and
responsibilities and to ensure access to justice for all.
“Sometimes as parents, we think it is only fathers who have
the responsibility to maintain their children. But the law requires both
parents to contribute according to their means,” said Minister Kubayi.
She explained that when courts determine maintenance, they
look at the total cost of raising the child, including food, transport, medical
aid, and other necessities. These costs are then divided between the parents
based on what each one can afford.
“For example, if both parents earn the same salary, they
will each pay 50%. But if the mother earns more than the father, she will pay a
bigger share,” she explained.
Kubayi also addressed the issue of fathers with multiple
children. She said that courts take into account all the children a parent has
to support when determining maintenance amounts.
“Maintenance is not only about your child alone; it is
about ensuring that all the children that person is responsible for are taken
care of,” she said.
Kubayi further urged mothers to respect custody agreements,
especially regarding visitation rights. She emphasised that any parent who
denies another parent visitation rights granted by a court order is breaking
the law and may be arrested. She also committed to addressing the concerns
raised by the community regarding services at the Blue Downs Court.
Delivering the Opening Remarks and outlining the
Significance of the Day, Deputy Minister of Justice and Constitutional
Development, Andries Nel, called on the community to not misuse the funds.
“Let us be clear from the outset – maintenance is not a
favour; it is a right. It is not for the parent; it is for the child. Many of
us here today know that sometimes, even when maintenance is paid by one parent,
it never reaches the child it is meant for.
‘’We are here today to send a strong message: when a child
goes without food, school supplies, or access to healthcare because someone has
failed to honour a maintenance order, that is not just a private family matter.
It is a human rights concern. It is a violation of the child’s constitutional rights
and a failure of justice,’’ he added.
Done by: Bush Radio News

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