Maintenance revolution

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.