Cracking down on Child Maintenance Defaulters

By Masia Masekatlala

A new era in Child Maintenance enforcement has dawned in South Africa, as the Department of Justice and Constitutional Development (DOJ&CD) has signed a historic Memorandum of Understanding (MOU) with Consumer Profile Bureau and Social Justice Foundation recently in Pretoria at theBrigitte Mabandla (Justice College).

The signing of this MOU marks the commencement of a groundbreaking era where DOJ&CD will develop a system to facilitate the forwarding of the details of persons against whom Child Maintenance Enforcement Orders have been granted against Maintenance Defaulters to a partner Credit Bureau who will in turn make this information available to all other Credit Bureaus and Credit Providers.

This will result in Child Maintenance Defaulters’ ability to get access to credit being impacted upon. This move is aimed at implementing the provisions of the Maintenance Act, 1998 (Act No. 99 of 1998) (the Act) as amended.

SA’s commitment to child welfare is reflected in our laws and our obligations under the Convention on the Rights of the Child. “We’re bound to make child maintenance a reality, not just an ideal. This project shows our dedication to protecting and empowering the next generation.” Said the former Minister of Justice and Constitutional Development, Ms Thembi Simelane.

Minister Simelane emphasized the importance of paying maintenance on time, especially those who are employed. “Let us all be responsible and take care of our children.” Added the former Minister.

This memorandum of understanding follows the resolutions of the National Maintenance Working session which was held on 9-10 June 2023. The National Maintenance Working Session identified critical need for partnerships and collaboration in addressing the challenges relating to enforcement of child maintenance orders.

This Partnership is critical as it will create a system which will not only create a MOLD Register but it will also streamline the process to ensure that critical information is in line with the provisions of the Act and the Children’s Act, 2005 as amended.

Justice Department Director General, Advocate Doc Mashabane, explained the significance of MoU signing. “The signing of the MOU marks a crucial milestone in SA’s fight against child maintenance defaulters” says Adv. Mashabane.

This historic agreement demonstrates the government’s commitment to protecting children’s rights and promoting social justice.

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Protecting the interest of the child beyond borders

By Solly Kganyago

Over the years South Africa has been rated amongst the top countries in child maintenance legislation that puts the interest of the child first. In addition, the country has Child Maintenance Cooperation Agreements with some countries in Europe, Africa, Oceania and some States in United States of America.

Mlindeli Ndingaye, a Maintenance Officer at the Johannesburg Family Court is the first officer in Gauteng region to successfully facilitate the inter-country child maintenance cases which their orders are still in force without default. The orders are called reciprocal of enforcement maintenance orders which involve parties or a party who resides abroad. The Maintenance Act of 1963 section 80 and Act 6 of 1989, provides for the party to be contacted and taken through the child maintenance process through the cooperation treaty with the country of residence.

In 2016 Ndingaye facilitated a child maintenance case where the relevant court issued reciprocal of enforcement maintenance orders to two parents in Australia and one parent in New Zealand (cases not related). In 2017 he also handled other two cases which were not related in Namibia. “It was exciting and massive milestone in the history of maintenance cases in the country. In all cases I kept my eye on my singular role and interest which was to assist the court to arrive at a fair and just order that will secure the child adequate food, clothing, medical needs, education and accommodation.” Ndingaye said. 

Ndingaye was born and bred in Xolobe in Tsomo in the Eastern Cape, He acquired Diploma in 1993 and B-Juris in 1995 from University of Transkei. His first job was with the Lawyers for Human Rights in 1996 where he worked as a Capacity Development Coordinator, training the paralegals at the rural advice offices. In 2000 he joined the Ntsebeza Incorporated Attorneys as a legal officer. He later had internship at the National Prosecuting Authority in 2004. In the same year he became a maintenance officer in Germiston and Roodeport Magistrate’s Court on contract and became permanent in 2006. He later moved to the Johannesburg Family court where is currently located.

Ndingaye believes the recently signed memorandum of understanding on Maintenance Online Listing of Defaulters with the Consumer Profile Bureau and Social Justice Foundation will tighten the screws on maintenance defaulters. “Society needs to stop tolerating maintenance defaulters. Failing to take care of the child you brought into this world must never be normalised.” He said. Ndingaye is a married father of three girls and one boy.

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Championing the rights of Children

By Masia Masekatlala

Growing up at the small village of Mahlohlwani in Limpopo, Advocate Neludi Matimba Fickson is passionate on protecting the right of children. He is the Maintenance Officer at Tsakane Magistrate’s Court in Gauteng.

“As a Maintenance Officer, I ensure fair treatment and support for vulnerable groups, particularly women and children.” He said.

A Child Maintenance Officer is responsible for the handling of formal and informal maintenance enquiries, providing advice on maintenance issues, providing guidance to Maintenance Investigators in the performance of their duties and conducting maintenance proceedings in terms of the Maintenance Act.

Raised by his grandmother, Advocate Fickson learned valuable lessons about community, resilience, and determination. He excelled at Vongani Primary School and Jim Chabani High School, matriculating in 2006. Despite financial challenges, Neludi pursued higher education at the University of Limpopo graduating with a Bachelor of Law (LLB) in 2013.

A devoted husband, father of two, and church leader, he credits his family for their unwavering support. "My wife, a Social Worker, understands the demands of my job. We prioritise our relationship, manage our time effectively, and maintain a healthy work-life balance." Said Advocate Fickson.

When asked about his strength, Advocate Fickson said that his strength is in the law, He always makes sure that he applies the law “Doing the right thing will save you from a lot of problems and challenges, all you need to do is to apply the law and you will be strengthened. He explained.

In conclusion, Neludi 's inspiring journey demonstrates that with determination, passion, and commitment, anyone can make a difference. As a champion of justice, he continues to advocate for the rights of vulnerable communities, inspiring others to follow in his footsteps.

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Court Preparation Officer (CPO) advocating for the vulnerable groups

By Suzan Mphuthi

The introduction of Court Preparation Services surely maps the way forward to protecting the rights of the vulnerable groups in the justice system.  Serving as a Court Preparation Officer (CPO) for the National Prosecuting Authority (NPA) is Ms Bongisa Magagula (33) at the Booysens Magistrates Court in Johannesburg.

Witnesses often do not know what to expect when they must appear in court, and that is where the CPO comes in. A CPO familiarises a witness with court processes, procedures, services, and benefits. The CPO also assists with pre-and post- trial trauma debriefing services.

“The role of the CPO is to prepare all witnesses of crime for court and to provide holistic and integrated care for victims of crime. These includes protecting victims of crime from secondary victimisation and traumatization,” explains Magagula.

Born in the Eastern Cape Magagula, completed her Bachelor of Social Work at University of Fort Hare in 2013 and joined the National Prosecuting Authority (NPA) in December 2021.

Magagula shared that the most challenging part of her job occurs when some prosecutors do not refer witnesses for court preparation services. “We are working on raising awareness on the importance of  Court Preparation for witnesses,” she says.

As a team player Magagula believes that justice for all can be achieved by working together as a team with all relevant stakeholders. “Social work has taught me to be an advocate for the vulnerable group, however working in court environment, affords me an opportunity to use my social work skills such as communication and listening skills while preparing victims and witnesses to deliver their testimony in the court of law,” she says.

Magagula’s dose of motivation comes from preparing sexually abused victims for court and seeing them brave enough to take a stand in court.

Apart from her busy schedule in preparing witnesses Magagula enjoys hitting the gym.  Her message to other women is “giving up is never a solution, believe in yourselves and in your abilities”.

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Protecting the Rights of the Vulnerable Groups

By Masia Masekatlala

Sexual Offences Courts continue to fight the scourge of sexual violence against women and children. The new model of Sexual Offences Court aims to reduce secondary victimisation often suffered by the victims when they engage with the criminal justice system, particularly the court system. Serving as a Sexual Offences Court Clerk at the Tsakane Magistrates Court, is Ms Zenzile Adelaide Phiri, dedicated to fighting for the rights of vulnerable.

Born in Mkhuhlu, Bushbuckridge in Mpumalanga Province, Zenzile's has always been passionate about serving. Zenzile currently serves as a Sexual Offences Clerk responsible for assisting victims of sexual violence, recording proceedings in court and updating cases on Electronic Case Management System (ECMS) and Integrated Case Management (ICMS).

However, Zenzile’s responsibility goes beyond administrative tasks. She provides comfort to victims of sexual violence. “I support victims of sexual violence through the legal process.” Said Zenzile.

She acknowledges the emotional toll of working with sexual violence cases, particularly those involving minors. “Dealing with victims can cause emotional toll, especially when dealing with innocent souls like kids which is why debriefing is very important as a coping mechanism.” She said.

She furthermore said that she aspires to study Social Work, “enhancing my skills to counsel and support the victims is my priority and drives me to make a meaningful difference” said Zenzile.

Zenzile encourages people to report any form of abuse to relevant authorities.

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DOJ&CD educates on the importance of vetting against the NRSO

By Suzan Mphuthi

The Department of Justice and Constitutional Development (DOJ&CD) continues to intensify awareness on the importance vetting employees/volunteers or anyone working with children on the National Register for Sex Offenders (NRSO).

The Criminal Law (Sexual Offences and Related Matters) Amendment Act, which extended the scope of the NRSO was signed into law in 2022. NRSO has a record of names of persons found guilty of any sexual offences against a child or a person with mental disability. The register gives employers in the public and private sectors such as schools; crèches and hospitals the obligation to check that the person being hired is fit to work with vulnerable persons.

DOJ&CD Gauteng Provincial Office was recently invited to a workshop by the Adopt-a-School Foundation in Sandton (Gauteng) to educate on the importance of vetting of volunteers against NRSO. The Foundation works with Government from district to National spheres and cooperates with various bodies involved in education. Adopt-a-School Foundation is a non-profit organisation that supports the creation and enhancement of a conducive learning and teaching environment in disadvantaged schools.

Speaking at the workshop Ms Patricia Nyamandi, Director Legal Services from the DOJ&CD Gauteng Provincial Office, emphasised the importance of vetting anyone working with children against the NRSO. “It is the employer’s responsibility to prevent an employee whose particulars are recorded in the NRSO, from accessing children or vulnerable persons. Such person can be transferred from the post or position occupied to another,” she explains.

This is important because a person whose name is recorded in the NRSO may not work, or occupy positions that place them in contact, with children or persons who are mentally disabled.

The process for vetting against the NRSO:
Applicants must:

• Apply for a SAPS Police Clearance Report (PCR).
• Complete a SAPS 69i and Fingerprint Form at a police station or Local Criminal Record Centre (LCRC). 
• Collect the PCR within 15 days and present ID or passport. 
• Apply to the Department of Justice and Constitutional Development for vetting on the NRSO using a J38 form if applying for oneself or a J39 form if applying on behalf of someone else.

For more information on the application process follow the link: https://www.justice.gov.za/vg/nrso.html

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Adv Kwababana committed to uplifiting lifes of the disadvantaged

By Makinta Kgomotso

Born and raised in Mdantsane township, near East London in the Eastern Cape, Adv Lwandiso Kwababana (41 yrs) began his schooling at Zimasa Primary School (Mdantsane N.U 14) and later moved to Cape Town where his desire to study dawned. After completing Matric at Thandokhulu High School, Kwababana attained his Law Degree (LLB) in 2012 at the University of the Western Cape.

“My career in the legal profession began in 2011 when I attended practical work shadowing a prosecutor in the Wynberg Magistrate Court and got admitted as an Advocate two years later. After completing my practical work, I developed a deeper interest in legal administration and advocacy,” he says.

In 2014, Adv Kwababana served as the Legal Administration Officer at the DOJ&CD Western Cape Provincial Office responsible for ensuring smooth implementation of legislation which promotes and protect the rights of the vulnerable persons.

A passion for teaching, and in particular efforts that improve the lives of individuals for the better, led Adv Lwandiso Kwababana to his current position as Assistant Director:  National Register for Sex Offenders (NRSO) Legal Support and Stakeholder Management.

“My role in the NRSO directorate is as very interesting, it has various components which includes direct service delivery output, project management, liaison with departments and institutions, and providing training support to regions,” he says.

Kwababana who is also a boxing administrator, describes himself as someone who loves humanity, his family and friends, his community. His special attribute is to uplift the disadvantaged.

“During my spare time I assist various National Federations on issues related to their Constituencies. I also serve as the Chairperson of the African Boxing Confederation Ethics Commission,” he says. When not dedicated to his work, Adv Kwababana enjoys spending time with his wife and four boys. 

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She is committed to improving service delivery

By Njabulo Radebe

Courts play a crucial role in upholding the principles of justice and the rule of law,they need to be led by individuals who are committed to serving and ensuring services are delivered diligently to the citizens.  Serving as a Court Manager at Tsakane Magistrate’s Court is, Mrs. Flora Mkhwanazi. Tsakane Magistrates Court is situated in the community of Tsakane, in Ekurhuleni, Gauteng.

Mkhwanazi who hails from the small community called Ratanda in Heidelberg, grew up in a large family and was taught respect and hard work. After failing her matric twice, she had the courage to go back to school and try again and eventually passed.

She then proceeded to further her studies at Rosebank College where she obtained her Diploma in Secretarial and Computing studies. In order to enhance her skills, she enrolled for a Bachelor’s Degree in Public Administration and Communications at the University of South Africa where she obtained her qualification in record time.

Her career in the public service commenced in the year 2007. “I was appointed on a contract at the Heidelberg Magistrate Court in Germiston Cluster when the Department introduced new systems DCRS, JDAS and ESCHEDULER,” she explains. She was placed at the at criminal section as a clerk, capturing all the information and registering cases in the court book J165.

In the following year she was appointed on a permanent position as an Admin Clerk. Some of the positions she held include Clerk of Criminal Court, Small Claims Court Clerk, Counter Clerk, Appeal and Review Clerk as well as Childrens’ Court Clerk.

Her dedication and experience in the court environment led to her appointment in January 2023 as a Court Manager at Tsakane Magistrates Court. Some of her day-to-day responsibilities as a Court Manager includes overseeing the court day to day operations, including facility resources, and providing support to both Judiciary and Prosecutors, “As the manager you need to be a role model, set a positive example, demonstrate integrity at all times,” explains Mkhwanazi.

As the country commemorates 16 Days of Activism Campaign for no Violence against Women and Children, Mkhwanazi encourages community members to make use of the services offered by the Courts. “If you are a victim of GBVF come to the court and we will assist accordingly, we also have the Maintenance Court and Small Claims Court,” she said.

Apart from her busy office day, Mkhwanazi is married and enjoys spending time with her family.

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Healing the Tsakane community from domestic violence

By Junior Kotu

The community of Tsakane in Ekurhuleni, is blessed to be serviced by Katlego Fortune Mahlo when it comes to domestic violence matters at the Tsakane Magistrate’s Court. By understanding the psychological, physical and emotional bruises that domestic violence victims are bedivilled with, Mahlo is able to showcase the passion he has for helping people while sensitively handling their delicate matters.

As an Administration Clerk in the Domestic Violence office of the Tsakane Magistrate’s Court in Gauteng, Mahlo is responsible for helping victims of Gender Based Violence in completing application forms in the Domestic Violence office and to provide administrative assistance to the judiciary regarding domestic violence as well as harassment.

 Over and above preparing the court roll, his duties include ensuring that application forms are correctly completed and commissioned and are allocated a file number. He also submits files to the relevant Magistrate for a decision to be made and thereafter provides the outcome of the Magistrate’s decision to the client.

“The love I have for people inspires me to do this job. My desire to work with the community and to learn from the different types of challenges they face on a daily basis propels me to do my best in helping to fight all forms of gender-based violence,” says the 36 year-old who enjoys watching TV at home during weekends.

He considers the ability to treat women and children with politeness and respect as the highlight of the seventeen years-experience he has with the Department of Justice and Constitutional Development (DOJ&CD).  “Working with vulnerable victims of abuse has helped me to be more considerate, courteous and sympathetic when assisting clients so they can feel free and cared for when they come to the court,” he says.

Mahlo believes that community awareness programmes will help fight the gender-based violence scourge because an informed public is able to fully exercise their constitutional rights; they help in educating people about different types of abuse and how to get help.

“My advice to our readers during this 16 Days of Activism Campaign for no violence against Women and Children is to encourage them to report cases of gender-based violence without any delay to avoid unnecessary loss of lives,” he concludes.

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He is driven by passion and hard work

By Njabulo Radebe

Justice Today met with Mr Simon Chauke who serves as a Legal Administration Officer  to profile his role at the DOJ&CD Gauteng Provincial Office.

Can you briefly share with our readers your background, where did you grow up and your education?

I grew up in Limpopo Province in rural village called Mphakati Village, and attended Mphakati Primary and completed my schooling at Dlamani High School.  I furthered my studies at the University of Venda where I obtained LLB degree.

You serve as a Legal Administration Officer, Gauteng. Can you take us through your career path and describe how it led you to the role you serve? 

I joined the DOJ&CD in 2014 as an intern at the Office of State Attorney in Johannesburg, the same year I was appointed as an Estate Controller at Masters Office in Johannesburg. I then got promoted to Assistant Master level at the same office. Last year I was appointed Legal Administration Officer at Gauteng Regional Office of the Department.

Since resuming your duties as the Legal Administration, what has been your approach to this role?

My approach to my role is to put members of public first as the consumers of services that is offered by the Department.

What are the Legal Administration Officers responsible for?

Legal Administration Officers deal with legal administrative issues relating to the administration of justice.

What does 16 Days of Activism mean to you as an official of the DOJ&CD?

As officials, we need to to raise awareness on GBVF and educate women and children on the recent amendments to the GBVF legislation.

How do you balance family and your professional roles?

I always make time for my family, and I ensure that my family life does not affect my work or my performance at work.