6.1 Documented solutions/recommendations
6.1.2 Reforms suggested post the 1998 Act enactment
6.1.2.1 Manpower
P a g e | 122 alternative shall offer a faster mechanism of obtaining relief as the complainant does not have to go through the procedure of bringing the matter before court;
7. revision of computer systems, as the courts at this stage all had differing degrees of technology368 with regards to capturing and accessing of maintenance records. A regulated, uniform national system was required.
P a g e | 123 individuals370, which is not always the case in staff appointments in the maintenance court. As with maintenance officers, it is suggested that maintenance investigators should also participate in a standardized training programme.
According to De Jong there is currently a wide gap between the manpower stipulations in the 1998 Act (i.e. the required number of maintenance investigators and officers envisaged by the legislature during the drafting of the Act) and the actual number of appointed maintenance officers and investigators (insufficient staffing)371. De Jong argues that an increased appointment of maintenance investigators will immediately result in an increase in the enforcement of maintenance orders generally. The same is applicable in respect of the appointment of maintenance officers. Currently all categories of maintenance court officials are totally overburdened, and there is an urgent need to address the manpower limitations experienced in maintenance courts country-wide.
6.1.2.1.2 Appointment of a commissioner or maintenance control officer The possible appointment of a control maintenance officer in each maintenance court is suggested, with their single function being the oversight of all maintenance matters in their court with the main objective being the protection of the best interests of the child372. This appointment would encompass the duty by such officer or commissioner to ensure a professional work ethic, equitable distribution of work and improved morale amongst all maintenance officers and investigators373.
370Ibid.
371De Jong (note 98 above) 601, 609-614.
372Singh (note 6 above) 150 -151.
373Ibid 152.
P a g e | 124 6.1.2.1.3 Promulgation of clear regulations establishing the role and
purpose of the maintenance investigator
The South African Law Commission (SALC) has suggested that prior to effecting any changes to the existing maintenance laws, it is necessary to solicit the views of personnel involved in the maintenance system regarding the application of the 1998 Act and it's regulations so as to obtain a better understanding of what reform is in fact needed within the maintenance court system and exactly where the difficulties lie. The view of the SALC is to consult properly with the role-players in the maintenance court (i.e. maintenance officers, investigators and clerks) and obtain this information before simply creating and introducing policies, rules and regulations that have not been properly researched374. Further the SALC has deemed it necessary to promulgate further regulations to the 1998 Act which clearly establish and regulate the role and purpose of the maintenance investigator specifically375.
6.1.2.1.4 Address overburdening of court staff376
It is imperative that the Department of Justice acknowledge the shortage of maintenance officers and investigators overall, and make a concerted effort to appoint more maintenance investigators in to reduce the excessive workload of the existing maintenance officers and investigators. These additional appointments are however dependent on governmental budgetary constraints.
374Ibid 150 -151.
375Ibid 152.
376Ibid 150 -151.
P a g e | 125 6.1.2.1.5 Reorganising personnel and rotation of positions
A proposed solution to the problem of the lack of qualified, trained and sufficient staff is two-fold, namely an attempt to reorganise personnel within the courts in a manner that maximises the potential of the existing available staff377, and secondly the continual rotation of certain staff members, such as magistrates378. It is hoped, for instance, that the rotation of magistrates throughout the family court would encourage interest and dedication among them towards maintenance matters specifically. The rotation of court clerks however may prove to be problematic as clerks who do not have proper training and skills will be unable to deal with the vast number of issues encountered.
As a result of the removal of prosecutors in maintenance enquiries and the replacement thereof by maintenance officers, many of the newly appointed maintenance officers do not have the necessary qualifications, experience and training to act as such or to carry out enquiries.
6.1.2.1.6 Appointment of paralegals
In order to lighten the load carried by both maintenance officers and investigators it has been suggested that paralegals be introduced into the body of maintenance court staff to generally assist the public with their matters. Paralegals would be in a position to offer more "in-depth" help to the public in filling out application forms in respect of a maintenance matter, simplifying the process, and offering basic advice to claimants regarding what they will need to prove, what can be reasonably
377Wamhoff & Burman (note 65 above) 154-160.
378Ibid 162.
P a g e | 126 claimed and could possibly even offer assistance at enquiry or trial stage379.
6.1.2.1.7 Help desk
The possibility of creating a helpdesk has been raised as an option to assist the public with their maintenance claims, However as with so many of the proposed solutions to improve the existing maintenance system, same is dependent upon financial support from the government. It is therefore unlikely that a permanent budget would be made available to run a helpdesk in each maintenance court.
6.1.2.1.8 Performance incentives
In an attempt to boost staff moral and enthusiasm towards their work, and to improve productivity and efficiency within the maintenance court it is suggested that performance incentives, such as pay rises and promotions, for those administering the system (including maintenance officers, police and sheriffs) be revised and implemented380.