Maintenance revolution

By: LINDSAY DENTLINGER

THE plight of many single parents is set to get easier in 2004 as the new Maintenance Act has become law.

Parliament agreed last year that the former 30-year-old law had to

be replaced.

The new legislation officially came into force on November

17.

 

"There is no more time for talking.

 

This is the time for action.

 

This is another Christmas present to our people, especially

children and parents who are not being properly maintained," said

Justice Minister Albert Kawana in the National Assembly last month,

when he informed the House that the Act had been promulgated into

law.

 

The most notable impact of the new law is that all children,

irrespective of the order of their birth and whether born in or out

of wedlock, will have the same rights to their parents'

resources.

 

Expectant single women will also have the right to claim for

birth-related expenses.

 

"The new law emphasises maintenance as a mechanism for the needs

of the children, instead of a power struggle between mother and

father.

 

It should be a step forward in putting children first," said

Dianne Hubbard of the Legal Assistance Centre.

 

With the introduction of maintenance investigators, absent

fathers will have a tougher time evading their responsibilities

towards their children.

 

They are authorised to trace and evaluate the assets of

"dead-beat dads" to determine the extent to which they are capable

of supporting their children.

 

Payment in kind, such as cattle, will also be admissible.

 

The courts are now permitted to issue maintenance orders in the

absence of a parent who fails to turn up at court and also have the

property or wages attached of a parent who defaults.

 

The Magistrate of the Maintenance Court in Katutura, Helvi

Shilemba, welcomed these provisions as they should put a stop to

cases returning to court In September last year, more than 600

cases were pending at the Katutura court, while another 40 were

pending at Outjo, 91 at Rehoboth, 163 at Swakopmund, 404 at Katima

Mulilo and 478 at Opuwo.

 

"Once implemented men will realise they have responsibilities

and a child to bring up.

 

Some understand, they just pretend not to," said Shilemba.

 

She hears more than 20 cases a day and many times is required to

acts as a counsellor for many desperate and despondent women.

 

"But then there are also cases of women making unnecessary

demands, especially when the person has the means," she added.

 

But under the new law abusers of maintenance money can also be

punished for using maintenance money for purposes other than for

the child.

 

"There are lots of problems here.

 

Many of them are social problems too," said Shilemba of the

cases she has encountered in her three years of seeking to ensure

that both parents take responsibility for their children.

 

The new legislation officially came into force on November 17.

"There is no more time for talking. This is the time for action.

This is another Christmas present to our people, especially

children and parents who are not being properly maintained," said

Justice Minister Albert Kawana in the National Assembly last month,

when he informed the House that the Act had been promulgated into

law. The most notable impact of the new law is that all children,

irrespective of the order of their birth and whether born in or out

of wedlock, will have the same rights to their parents' resources.

Expectant single women will also have the right to claim for

birth-related expenses. "The new law emphasises maintenance as a

mechanism for the needs of the children, instead of a power

struggle between mother and father. It should be a step forward in

putting children first," said Dianne Hubbard of the Legal

Assistance Centre. With the introduction of maintenance

investigators, absent fathers will have a tougher time evading

their responsibilities towards their children. They are authorised

to trace and evaluate the assets of "dead-beat dads" to determine

the extent to which they are capable of supporting their children.

Payment in kind, such as cattle, will also be admissible. The

courts are now permitted to issue maintenance orders in the absence

of a parent who fails to turn up at court and also have the

property or wages attached of a parent who defaults. The Magistrate

of the Maintenance Court in Katutura, Helvi Shilemba, welcomed

these provisions as they should put a stop to cases returning to

court In September last year, more than 600 cases were pending at

the Katutura court, while another 40 were pending at Outjo, 91 at

Rehoboth, 163 at Swakopmund, 404 at Katima Mulilo and 478 at Opuwo.

"Once implemented men will realise they have responsibilities and a

child to bring up. Some understand, they just pretend not to," said

Shilemba. She hears more than 20 cases a day and many times is

required to acts as a counsellor for many desperate and despondent

women. "But then there are also cases of women making unnecessary

demands, especially when the person has the means," she added. But

under the new law abusers of maintenance money can also be punished

for using maintenance money for purposes other than for the child.

"There are lots of problems here. Many of them are social problems

too," said Shilemba of the cases she has encountered in her three

years of seeking to ensure that both parents take responsibility

for their children.

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