Maintenance matters: Why more people should turn to the courts

The Citizen

13-07-2025

Maintenance matters: Why more people should turn to the courts
Local magistrates' courts offer a wide range of services, but the maintenance court is not utilised as often as it should be.
This is, according to Ralph Mambiwa Twala, a public prosecutor and maintenance officer at the Springs Magistrate's Court.
He believes people are aware of the maintenance services provided by local courts but do not use them.
'It is freely available, and people are generally aware of it because maintenance matters are often discussed informally by word of mouth,' he said.
Twala says that despite widespread knowledge of maintenance services, many are reluctant to take action due to misconceptions about the court.
'If it's men, they say the courts favour women, and if it's women, they say the same about the men,' he said.
Twala says local communities should educate themselves about the maintenance court by reading available materials.
'Maintenance courts, like other justice matters, fall under the Department of Justice. Pamphlets and booklets with information are available,' he said.
Everyone is eligible to utilise the maintenance services provided by the courts, including adults who require support from their children.
'If it is child maintenance, a child has to be maintained by both parents, and parents also have the right to be supported by their children if they lack the financial means to survive.
'Anyone aged 18 or older can bring their own application. A parent may apply on behalf of a child from birth until the child turns 18,' Twala said.
When opening a maintenance case, an applicant requires the complainant's ID number, the child's birth certificate, banking details, and proof of residence to prove that the local court has jurisdiction over the case.
'If the parties involved were married and got divorced, a settlement agreement that includes maintenance terms is required.
Respondents who do not adhere to a maintenance agreement can be legally charged.
'It is a contravention under Section 31 of the Maintenance Act and may result in arrest, asset seizure, or an emolument attachment.'
An emolument attachment is known as garnishment. 'We can garnish the respondent's salary or attach their money from their bank to satisfy the court order,' he said.
Twala says men who stay with their children often struggle to come forward. He calls this 'empty pride.'
'Men, you have a right to bring applications for maintenance for the children and your spouse,' he said.
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