LAWS ARE LAX - BABY MAMAS

MBABANE – There is an outcry from ‘baby mamas’ concerning the country’s child maintenance laws, which they say are lax.

This follows a number of these women dragging the fathers of their children to court for failing to support them (children) financially. 
The women voiced out their frustration at the manner in which the maintenance cases were handled by the courts, accusing them of being lenient on such cases.

According to the Child Protection and Welfare Act, 2012 Section 227: “Any person who fails to supply necessities of food, health, life, basic education and reasonable shelter for a child when legally liable to do so, commits an offence and on first conviction is liable to pay the maintenance due, on the second or every subsequent conviction for continuous refusal to maintain a child is liable to a sentence to be determined by the Children’s Court.”

One woman, Siphiwe Mlotshwa, said she had a two-year-old child and the father has never paid maintenance towards him ever since he was born.
Mlotshwa said she also approached the social welfare office in November last year where the ‘baby daddy’ made an undertaking that he would pay E400 every month.

She said she dragged the man to court again early this year after he failed to pay.
“He has not even attempted to pay a single instalment,” lamented Mlotshwa.

Responsibilities

Mlotshwa said all she wanted was for the courts to arrest the man who is shying away from his responsibilities and give him a wake-up call.
“This man should be released after paying all the monies he has been in default of,” Mlotshwa mentioned.

She said the father of her child has been in default for nine months since the order was issued. Mlotshwa survives by selling cigarettes, a trade she says does not bring her much profit. She said the father of her child has only provided her with a 10 kilograms packet of maize meal and two-litres of sour milk (emasi). This, she said, was provided after three months when elderly are paid grants.

Mlotshwa said the ‘baby daddy’ was self-employed and operated a for-hire vehicle in the capital city.
However, she said despite the daily income he received, he was reluctant to save E400 monthly to pay towards his child’s maintenance. Another woman, who identified herself as Yolanda Dlamini, said the issue of child maintenance was a serious cause for concern.

Dlamini said she had to seek the services of an attorney in order to receive assistance.
She said although the process took long, she ended up getting the desired help.
Dlamini said the man was garnished and he defaulted for some years until he dragged him to court and was ordered to back-pay the lump sum.
“It was a lot of money because they found that he had to pay me around E70 000, which he committed to pay in instalments until he finished the debt. A specified period in which the money should be paid completely was made by the courts,” she said.
She said an instalment of E2000 was paid in maintenance, until he completed.

Appreciated

Another woman, *Sihle Mnisi, said while she appreciated the service offered by the social welfare officers, she felt the magistrates were not doing enough on maintenance matters. Sihle said since October, she started the process with the social welfare office which arranged an appointment between her and the father of her child.

She said the ‘baby daddy’ made an undertaking that he would pay E600 but never did until the matter was handed over to the magistrate’s court in November 2018.
“In court, he committed to pay E300, stating that he was not employed,” said Sihle.
She said in December, she received the first instalment until March when it stopped and that to date the ‘baby daddy’ has been defaulting and in May they were in Court following the defaulting.

“He was warned to pay for all the four months he had defaulted but he only paid E300 in early August and has not paid the rest of the money.” Sihle said she went to court and a summons was issued out and the ‘baby daddy’ was called to appear before court on September 4, 2019.

She said it turned out that the police had not served the summons on the ‘baby daddy’ who was then called to re-appear in court on September 18.
“My feeling is that the maintenance issues are not given the preference they deserve and most women are not getting justice,” she said.

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