Mothers must also pay child maintenance based on income
Justice Minister Mmamoloko Kubayi during a visit at Palm Ridge Magistrate's Court on 13 March 2025 in Palm Ridge, South Africa. Picture: Gallo Images/OJ Koloti
Justice Minister Mmamoloko Kubayi has challenged the assumption that only fathers are responsible for child maintenance.
During a community engagement session in Mfuleni, Western Cape, she argued that mothers with higher incomes must contribute more to their children's upkeep.
Speaking at the #MaintenanceMatters community forum, Kubayi challenged common misconceptions about parental financial responsibilities and outlined how courts determine maintenance arrangements based on each parent's financial capacity.
Both parents must contribute according to their means
Kubayi stressed that South African law requires both parents to contribute to their children's upkeep based on their financial circumstances.
'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,' the minister explained.
Kubayi detailed how courts approach maintenance calculations by considering the comprehensive costs of raising a child, including food, transport, medical aid, and other essential needs.
These expenses are then allocated between parents based on how much they earn.
'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,' Kubayi explained.
She further emphasised that maintenance obligations are determined by financial ability rather than gender.
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Multiple children considerations
Addressing situations where fathers have children with multiple partners, Kubayi explained that courts take a holistic approach when determining maintenance amounts.
When calculating individual maintenance obligations, the judicial system considers all children a parent is responsible for supporting.
'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,' the minister stated.
Visitation rights and legal obligations
Kubayi also addressed mothers directly regarding custody arrangements, particularly concerning visitation rights.
She said respecting court-ordered visitation schedules is a legal requirement that cannot be ignored.
The minister warned that any parent who prevents another parent from exercising court-granted visitation rights faces legal consequences, including potential arrest for violating court orders.
ALSO READ: 'We are coming for you' – Simelane signs MOU to restrict credit for child maintenance defaulters
Community concerns and access to justice
During the engagement, Kubayi acknowledged community concerns about services at the Blue Downs Court and committed to addressing these issues.
The minister said the community forum is part of broader departmental efforts to educate South Africans about their legal rights and responsibilities while ensuring equitable access to justice.
The #MaintenanceMatters initiative represents the Department of Justice and Constitutional Development's ongoing commitment to community education and improved access to legal services across the country.
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