Blacklisting of maintenance defaulters was promulgated in January 2018, it is June 2023 and it has still not been enacted.
Blacklisting was on the agenda at the Maintenance Session in Jhb hosted by the DWYPD in November 2021. The CEO of the National Credit Regulator was a speaker at this event, he said the NCR was not included in the drafting of the legislation to be able to enforce blacklisting. The major problem, the legislation is not in place.
The South African Law Commission in its Maintenance Amendment Act discussion paper of 2022, was concerned about the blacklisting of respondents and the negative effect it would have on defaulters. Concern mostly for men as they are in the majority defaults.
Many primary parents, the majority of women, are blacklisted for not meeting their financial obligations due to not getting child maintenance or getting sporadic amounts at unpredictable times despite a court order instructing them how much to pay and when to pay.
There is not the same consideration expressed for primary parents in the majority of women.
How many women have been blacklisted in the same period?
What policies are in place in Government and Corporate to prevent economic abuse?
What policies are in place to protect victims of economic and financial abuse?
What policies are in place to assist victims in recovering from economic and financial abuse?
The Old Mutual Savings and Investment Monitor 2021 shows that 72% of women who earn a minimum of R8,000 pm were not getting maintenance or only now and then. What would the data show if one were to drop the cohort baseline?
In the overwhelming majority, women are burdened with the financial responsibilities of raising children with little to no systemic, structural, or social support, yet the concern is about blacklisting, in the majority, men.
Men who are failing their moral and constitutional obligation to support children who have been court-ordered to pay a specific amount on a specific date. Men who play the justice and social system like an accomplished musician playing his fiddle.
Blacklisting was meant to discourage defaulters, the threat of possible blacklisting has not changed the trajectory of men not supporting their children, and the threat of serving time in an overcrowded prison does not even deter them.
The failure to implement Blacklisting defaulters is an insult to the most vulnerable of society, to victims of financial and economic abuse and domestic violence as defined in our Act, as they continue to be blacklisted while the person meant to be financially supporting their children can continue getting credit.
Not only are women blacklisted, which prevents them from accessing credit, but it has a further impact on the possibility of economic security by upskilling themselves and getting better-paying jobs due to being blacklisted.
It impacts women and children trying to secure shelter due to negative credit ratings.
Men, on the other hand, are not paying maintenance, not getting blacklisted, and continue to increase their economic security by acquiring more assets and moving up the corporate ladder unimpeded by their failure to financially support their children.
This has contributed widely to the economic inequality and vulnerability of women and children and continues to prop up a patriarchal society.
During the hearing of this bill in Parliament, this is what was said;
ANC MP Mathole Motshekga, who also chaired the justice portfolio committee, said "There was a view that blacklisting would limit the creditworthiness of defaulters and hinder them from paying maintenance even more."
EFF MP Hlengiwe Maxon said, "The party opposed the proposal to blacklist defaulters because this not only disadvantages the person that is unable to pay maintenance but further disadvantages the child and other dependents”.
Women should be very mindful of their political parties' prejudices and biases toward men and hold them accountable.
Women have no financial resilience and until there is a fair and just Maintenance Act that is enforced without fear or favor women will be the face of poverty.
The Department of Justice and Constitutional Development (DoJ & CD)
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