Windhoek: City of Absent Fathers

The Ministry of Justice says the number of child maintenance cases in the country has increased since 2020, with Windhoek accounting for the majority of the increase.

A total of 582 child maintenance cases were filed in Windhoek in 2020.

By 2023, that number has increased to 1 085.

This was revealed by ministry spokesperson Edmund Khoaseb last month.

According to the ministry, a total of 3 713 child maintenance cases were recorded from April 2020 to March 2023 in three key areas of Namibia: Windhoek, Swakopmund, and Katima Mulilo.

Windhoek had the highest number of cases, with 2 426, followed by Katima Mulilo with 674 cases, and Swakopmund with 613 cases.

Khoaseb said the majority of complaints are from mothers.

“It may be that men think the Maintenance Court is only there for women, although there is no evidence to support that theory, because we get complaints from fathers too, although not that much,” he said.

Otjiwarongo, Rundu and Keetmanshoop received maintenance officers in 2022 only.

In April 2022 and March 2023, these towns recorded 293, 440, and 174 child support cases, respectively.

‘NOT WOMEN VS MEN’

“Maintenance was never about women versus men. The Maintenance Act is for anyone who is taking care of, or in whose custody a child or children are.

“Therefore, a mother, father, grandparents or a relative can claim maintenance,” Khoaseb said.

He said there are no clear reasons why men are not coming forth to register for child maintenance.

“We just concluded a social media campaign breaking down the Maintenance Act, and the feedback was quite engaging,” he said.
By law, both parents have a duty to maintain a child.

The amount of child support considered reasonable depends on factors such as the family’s lifestyle, the child’s health, how much money the parents make, and the cost of living.

“The standard of living usually determines whether expenses for recreation and secondary and tertiary level education will be awarded. The maintenance courts are there to assist everyone, and do not discriminate against anyone,” Khoaseb said.

He said anyone can be a complainant in a maintenance case.

“Both parents must support their child proportionally according to their means,” he said.

The fact that a father may be in a stronger financial position does not mean a mother has no liability, he said.

“Also, you still have to pay maintenance even if the other parent remarries, is involved in another relationship, or does not allow you to see the child, or later has more children,” Khoaseb said.

He said the duty to pay maintenance and the right to contact with a child are two separate matters.

Maintenance duty continues regardless of a child’s age, and continues until the child is self-supporting, adopted or dead, he said.
“Once the child reaches the age of 18, the onus is on the child to prove how much maintenance he/she needs. A child who is self-supporting cannot claim maintenance from his/her parents,” he said.

“In the event of the parent’s death, a child may lodge a claim for maintenance against the deceased parent’s estate.”

WHEN THE GOING GETS TOUGH

Lawyer Uno Katjipuka-Sibolile says she is not surprised that Windhoek is leading in terms of Maintenance Court cases.

She says the high cost of living and financial constraints make it difficult for some parents to provide adequate support for their children.

“Many parents simply cannot afford it,” Sibolile says.

As a result, registering for child maintenance becomes the only viable option for these parents.

Sibolile says maintenance courts were established to tackle the issue, but the consistently crowded state of these courts indicates a pervasive problem.

She says court-ordered payment amounts often fall short of meeting children’s needs.
“These amounts are determined by the courts when they arrive at the decision. They look at your income and the number of children you have.
“But realistically, how can a monthly payment of N$150 help a child?” she asks.

Sibolile says the issue transcends the gender divide and is primarily about financial stability.

“If a man is able to support a child, they don’t mind going to register for child support, unless financial constraints force them otherwise. Financial instability often necessitates seeking support,” she says.

BY ALL MEANS NECESSARY

A father from Eghandja village in the Ohangwena region, who prefers to remain anonymous, has spoken out on the challenges of supporting a child while unemployed.

“There is no man who does not want to support his child,” he says.

“They are just incapable of doing so due to limited resources.”

He says he has been forced to pay child maintenance even though he does support his child when he receives an income.

He believes many women take advantage of maintenance money for their own use.

“I have to pay because it is what the court said. I cannot breach it. But women must also look at both sides before going to claim child support.”

Three years ago, another father was sanctioned by the Magistrate’s Court to pay maintenance for his two children in the amount of N$550 per month.

A few months later, he went to the Maintenance Court to ask to have the amount reduced, because his salary had decreased.

The Maintenance Court dismissed his application.

The father then went to the High Court, which sided with him.

LONG-STANDING ISSUE

Human rights activist Rosa Namises says the number of single mothers in Namibia is a long-standing issue.

“Men are often seen primarily as breadwinners,” she says.

“This has contributed to the situation.”

She says only around 10% to 15% of men are actively involved in raising their children from infancy to adulthood.

“Men need to step up and take responsibility for their children,” she says.

On the flip side, she says men are also entitled to child maintenance if mothers do not contribute.

“Go report the mother for child support,” Namises says.