Pilot project to blacklist child maintenance defaulters launches in Gauteng

Ten courts in Gauteng have been used to rollout a pilot project aimed at blacklisting persisting child maintenance defaulters with credit bureaus.

The project comes eight months after the department of justice and Social Justice Foundation confirmed they were going ahead with the initiative which the rollout aimed to begin in August.

The two entities signed a memorandum of understand in November last year to have defaulting parents blacklisted.

Spokesperson for the ministry of justice and constitutional development Terrence Manase confirmed to Sowetan that the pilot project involves 10 courts in Gauteng and training started last Wednesday.

He said the training currently underway was part of a structured in-service programme aimed at capacitating court officials at 10 selected pilot sites.

“This phase includes a two-level verification process to ensure data accuracy and legal compliance, including protection of children’s identities. The department is finalising system integration and information security processes.”

He said the training focuses on strengthening the application of Section 26 of the Maintenance Act, which empowers complainants (usually maintenance beneficiaries) to enforce maintenance orders when payment has not been made.

This phase includes a two-level verification process to ensure data accuracy and legal compliance, including protection of children’s identities. The department is finalising system integration and information security processes
— Spokesperson for the ministry of justice and constitutional development Terrence Manase

“The training content includes the following key areas: refresher training on processing maintenance enforcement orders such as warrants of execution against property, emolument attachment orders and attachment of debt.”

Manase said maintenance officers will also be equipped with the necessary skills to support beneficiaries in lodging enforcement applications efficiently, to reduce delays and improve compliance by defaulting parents.

“Preparing officials to comply with the requirements of Section 26 (2A), which outlines the process for forwarding details of defaulters to the Credit Bureau, in partnership with the Credit Profile Bureau and the Social Justice foundation”

The executive director of Social Justice Foundation Anneke Greyvenstein previously told Sowetan that they picked up that 70% of those with maintenance obligations default in the first two years.

“Parents do not disclose that they have a maintenance obligation, but now it is going to reflect on your credit profile and the credit provider must take this into consideration when they do the affordability assessment and see if you qualify to buy,” she said at the time.

Manase told Sowetan the initiative sought to promote accountability and improve the enforcement of maintenance orders “in the best interests of affected children and dependents”.

He said the pilot phase would focus on the enforcement of current and verified maintenance orders and where appropriate, forwarding confirmed defaulter details to the Credit Bureau.

He said the process will be handled with “strict” legal and procedural safeguards, including opportunities for dispute resolution and compliance with credit reporting regulations.

“The intention is to promote accountability, not punishment and to ensure maintenance obligations are met in the best interest of the child,” he said.

“This initiative ultimately seeks to strengthen the maintenance enforcement system and protect the rights of vulnerable beneficiaries, particularly children,” Manase said.

Here are the areas where the rollout will begin: