A Pretoria attorney says mothers are struggling to feed their kids because some fathers are “hiding behind the Covid-19 coronavirus” as an excuse to not pay maintenance.
Sandy du Plessis, who has been representing clients in maintenance cases for more than 20 years, told Rapport, that some fathers were pretending that the virus had affected their income when that wasn’t the case.
Out of desperation, she recently took a photograph of the Pretoria Magistrates’ Court and sent it to one father, saying that was where he’d end up if he didn’t pay.
The father immediately paid 50% of the money he owed.
What further complicates matters is that some court personnel “are hiding behind Covid-19 as an excuse to not do their jobs”.
Du Plessis said certain clerks refused to draw court files or open new files in maintenance cases.
“What these clerks are doing is unacceptable and cruel. There are mothers and children who aren’t going to have bread on the table if this continues.
“I’ve informed clerks that [Justice and Correctional Services Minister Ronald] Lamola has indicated that assisting clients with maintenance cases is an essential service, but their answer is that they have not received directives about it.
“They told me to come back at level 2 [of the national lockdown].”
Igne du Preez, the acting chief magistrate of Pretoria, said directives had been sent to the clerks in terms of which services must be rendered in the family court division.
This means that all maintenance cases, both old and new, must be dealt with. Cases in the children’s court, protection courts and household domestic violence are also meant to receive full attention.
According to Du Preez, the complaint from Du Plessis is being investigated.
He said the magistrate’s court had been forced to make do with less staff during the lockdown.
Those aged over 60 and those with existing health conditions have requested special leave.
The special measures implemented at the court to prevent the spread of the virus have also caused delays.
“There have been delays on occasion, but this is being handled. People are not allowed to enter the building without masks, but those without them get angry when they are turned away.”
“We’re trying to deliver services as best we can. For the lockdown period, the family court has two additional magistrates, which brings the total number in the division to 13. A further two magistrates in the civil division are on standby for the family court.”
Justice and correctional services department spokesperson Chrispin Phiri said that, in terms of regulations, proceedings dealing with guardians and children must continue.
Cases which must be dealt with include those involving international child abduction, the applications and hearings for adoption, and the removal of children to safe care, as well as applications and hearings for foster care.
CityPress
