Training

6.1 Documented solutions/recommendations

6.1.2 Reforms suggested post the 1998 Act enactment

6.1.2.3 Training

Many of the proposed solutions to the problems currently facing the maintenance system involve the intensive training and re-training of existing staff members in the courts, the police service and the sheriff's office. The core training related proposals for reform are discussed hereunder:

6.1.2.3.1 Training of maintenance officers and hiring of competent staff Currently the learning courses offered by the Justice College on maintenance fall short of addressing many challenges experienced by maintenance court staff⁴²⁴

It is proposed that all staff should be properly trained with regard to all aspects of the 1998 Act and that such training be conducted with a fundamental focus on service delivery by all staff members and empathetic client care⁴²⁵. This training should include continual "in house" training of all maintenance court staff.

6.1.2.3.2 Public education programmes and awareness campaigns⁴²⁶ In addition to staff training, it is also necessary to educate complainants and defendants of their rights and obligations pertaining to the maintenance law system. This may be achieved through governmental awareness campaigns⁴²⁷, where parties are advised of their rights, particularly with regards to the enforcement of maintenance payments and the relationship between maintenance and access to children.

423De Jong (note 98 above) 609-614; Budlender & Moyo (note 2 above) 35-36.

424 Ntlatleng (note 370 above) 6.

425Singh (note 6 above) 152.

426Ibid 150 -151.

427Law Society of South Africa (note 105 above) 19 - 20.

P a g e | 143 Claimants generally do not know their rights and do not expect the system to work in their favour. It is common for may claimants to "give up", after continually attending court, as it seems that in many instances even after receiving an order they never succeed in collecting maintenance because they do not know their rights⁴²⁸. Many complainants do not know their rights relating to the procedure followed at court and do not realise that the maintenance officer's enquiry is not a formal court appearance. Many parties are ignorant of the process and often sign settlements before the maintenance officer thinking that they have no choice but to sign. It is argued that the system would be greatly improved through education of the public, particularly those residing in rural and township communities.

At the East London Magistrate's Court copies of maintenance pamphlets produced by the Department of Justice and Constitutional Development are available for those waiting in the waiting room. Copies of the pamphlets available are annexed hereto marked Annexures 6.1 and 6.2 respectively.

Pamphlet 6.1:

Pamphlet 6.1 entitled "How do I claim maintenance?: What I need to know!" provides a very brief overview of the application process. It provides the reader with the court times, as well as a list of documentary items required to be brought to court.

Unfortunately the first time many readers will be aware of this pamphlet and the documentary requirements for court will be on their first appearance, and many of the documents will have been left at home. Immediately the party is delayed as a result.

This is also true of the information provided on how to go about starting a maintenance claim.

428Wamhoff & Burman (note 65 above) 168.

P a g e | 144 The pamphlet advises parties to always phone the court first before arriving. From personal experience as an attorney I am aware of the fact that phoning the maintenance office in East London inevitably leaves you waiting for someone to answer the phone, usually with no success. I doubt very much that many court users will ever receive constructive telephonic advice from telephoning the court.

One's "rights to maintenance" are briefly identified, however the language is sophisticated and in many instances illiterate or semi-literate court users are attempting understand and rely on this information. Further, areas of spousal maintenance and future maintenance, as well as maintenance in respect of grandparents, are not addressed at all.

The factors to be considered when determining the expense of a child are generally listed. This is a very broad and brief list, and, for those who are unaware of their rights, it may prove to be limiting in terms of what expenditure they feel they may claim.

The pamphlet further highlights very briefly the following areas of concern:-

 why a court date is necessary;

 why both parties should attend court;

 an explanation of the use of reference numbers;

 anticipated length of time until a court order is granted;

 collection of maintenance money;

 reasons for possible delay in payment of maintenance money;

 guidelines for the maintenance debtor on how to pay maintenance.

P a g e | 145 Although this pamphlet offers a basic outline, in many instances I believe that the limited and brief information offered makes very little difference overall to those attempting to assist themselves in a maintenance matter.

Pamphlet 6.2:

Pamphlet 6.2 entitled "Maintenance: Frequently asked questions" provides an extremely brief attempt to answer 16 of the most common questions frequently asked by complainants in maintenance court, as set out hereunder:-

 Who should pay maintenance?

 Can one claim maintenance from grandparents?

 Is maintenance a responsibility of biological parents only?

 Why must one pay maintenance?

 Is it compulsory to pay maintenance?

 Where is one supposed to lodge a complaint for maintenance?

 Can one go to any magistrates’ court in the country to lodge maintenance?

 How often should maintenance be paid?

 How much money should be paid for maintenance?

 At what age should one stop paying maintenance?

 What happens when the person responsible for paying child maintenance dies?

 What happens if the child reaches the age of 18 and she/he is still not self-supporting?

P a g e | 146

 Can one increase/decrease the maintenance amount after the order has been granted?

 What documents does one need to lodge a maintenance claim?

 Can one claim maintenance while living together with the father/mother of the child?

 What will happen to one if one unjustifiably defaults or stop paying maintenance?

As with pamphlet 6.1, this information is also extremely simplistic and, in my opinion, of very little use to those attempting to run their matter without the assistance of an attorney.

6.1.2.3.3 Gender sensitization

It is important that the court officials operating in the maintenance court undergo gender sensitization training, to be applicable particularly in the area of postponements, where it is important for staff to consider and acknowledge the emotional and financial impact of the postponement on the complainant and the children⁴²⁹.