Maintenance problems still there despite Act

Despite the passing of the new Maintenance Act 99 of 1998, mothers are still struggling to obtain maintenance from the fathers of their children. So says a report on the Mail & Guardian Online site, which examines the problems experienced by women who have to resort to legal action at the Johannesburg Family Court. In terms of the Act garnishee orders can be obtained, but even this is problematic. Bhekinkosi Moyo of Tshwaranang Legal Advocacy Centre, says her research has shown that 33% of respondents ordered to pay by emolument orders had changed jobs. No sooner had garnishee orders been implemented than the respondent left the company and the process of tracking him down and getting another order had to start afresh.

 

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ConCourt rules customary inheritance laws unconstitutional

In a landmark ruling, the Constitutional Court has confirmed that the SA customary law rules relating to intestate succession are unconstitutional and discriminatory. The court also confirmed that the entire statutory scheme governing deceased estates of black persons is unconstitutional and discriminates on the basis of race, birth and gender. Michelle O’Sullivan, director of the Women’s Legal Centre, who acted for applicants, Nontupheko Bhe and her two children, Nonkululeko and Anelisa, says: ‘The Constitutional Court ruling strikes down the racist apartheid statutory scheme for deceased estates of black person, as well as the African customary law rule of primogeniture, to the extent that it excludes or hinders women or extra-marital children from inheriting property. A News24 report says the ruling follows a ruling by the High Court in the Cape and Transvaal Provincial Divisions that the pre-1994 Black Administration Act, laws on the administration of black deceased estates, and a provision of the Intestate Succession Act are unconstitutional.
Full report on News24 site

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