Tough action against maintenance defaulters
Publish date: 14 April 2025
Issue Number: 1121
Diary: IBA Legalbrief Africa
Category: South Africa
The Department of Justice & Constitutional Development is forging ahead with its planned move to crack down on those who fail to pay child maintenance by listing them with credit bureaus, reports IoL. The initiative – which is in line with the requirements of the Maintenance Amendment Act – will enable court officials to forward details of maintenance defaulters to credit bureaus to use against their credit rating. The Act makes a provision for the forwarding of personal details of the maintenance defaulters who fail to pay child maintenance and have enforcement order judgments against them to the credit bureaus and credit providers. In November 2024, the department entered into a memorandum of understanding (MoU) with the Social Justice Foundation & Consumer Profile Bureau. Responding to parliamentary questions, Justice & Constitutional Development Minister Mmamoloko Kubayi said the Maintenance Online Listing of Defaulters Project was the first project which focused on the implementation of the Maintenance Act. Kubayi said the project would encourage maintenance defaulters to pay arrear maintenance as it would impact their credit ratings. Kubayi said a technical working group has been established to identify systems, governance, and technical information.