Magistrate's Court
9 October 2006
With the drive by the department for better maintenance services to the
communities, Operation Isondlo has once again brought some success stories,
emanating from the Pretoria Magistrate's Office.
The position of women, children, the aged and frail and persons with
disabilities is compounded by their vulnerability and poverty. Violence against
women and children takes many forms; the Domestic Violence Act No 116 of 1998,
recognises economic abuse as one form. The improving and strengthening of the
maintenance system is another way of eradicating violence against women and
children.
The Minister committed herself to improve the maintenance system and to find
beneficiaries of unclaimed maintenance monies as part of the department's
commitment and contribution to alleviate poverty, under the umbrella of
Operation Isondlo, which focuses on maintenance issues and aims to improve the
maintenance system through a series of interventions.
The following are some of the many success stories of Operation Isondlo,
emanating from the Pretoria Magistrate's Office. Through serious efforts and
interventions by maintenance officers, both arrear maintenance as well as
future maintenance in two of the four cases was recouped.
The cases as they unfold
1. A complainant approached the office for the purposes requesting for
investigations to be conducted against the father of her 10 year old child as
he had been paying contrary to the court order. On commencement of
investigation it was found that Petzetakis Africa (Pty) Ltd, where he was
working is closing down and that the employees are to be retrenched. The
maintenance officer immediately applied for an interdict to compel Petzetakis
not to release the respondent's retrenchment package which amounted to R20
440,64, which they duly complied.
On 22 September 2006 the maintenance officer duly served Petzetakis with an
emoluments attachment order. Accordingly the money is to be paid to the
complainant as future maintenance at R500 00 per month for 34 months. This
money will be kept at the Guardian Fund in an interest bearing account for the
benefit of the 10 year old child. According to reports the respondent will
leave for overseas employment; that gesture will be closely monitored as the
money attached is insufficient taking into account the ever increasing costs of
livelihood.
2. A respondent has been dismissed from the National Prosecution Authority.
According to investigations the maintenance investigator discovered that the
latter was selling mostly all of his assets (e.g. a house and furniture) in
order to make providence for his livelihood as means of survival. An amount of
R190 383,82 was discovered to be in his account at ABSA Silverton Branch. An
amount of R4 200,00 was attached for arrear maintenance and an amount of R136
800,00 was attached as future maintenance for the benefit of his 11 year old
child. This money will also be administered by the Guardian's Fund and kept in
an interest bearing account, paying R600,00 per month for the next 228
months.
3. An amount to the value of R7 450,00 has been attached as arrear
maintenance at Government Employees Pension Fund (GEPF) and an amount to the
value of R32 650,00 has been attached as future maintenance and will be
administered by the office of the Magistrate Pretoria, the reason being the
nature of the circumstances the applicant finds herself in. The court decided
that the money be paid from the office on a monthly basis. The payment system
at the Guardian's Fund will not be convenient in her case. The payment will be
R700,00 per month for the next 36 months; thereafter the applicant may approach
the court for any variance that may be necessary, as the respondent has been
given some money from his package to commence his business activity.
4. A respondent was employed by the Ethekwini Municipality at an electricity
component. His pension amounted to R513 947,60 and has been attached as future
maintenance and arrear maintenance of R11 127,60 for his two children, aged 14
and 11 years respectively.
The future maintenance will be paid as follows, an amount of R2 781,90 per
month with yearly increase of 10% and the money will be administered by the
Guardian's Fund. The attachment was served on Alexander Forbes Pension
administrators.
Success stories like these show that the Department of Justice and
Constitutional Development's efforts to address the rights of these vulnerable
groups, alleviate poverty and ensure 'Justice for All' is bearing fruit.
Enquiries:
Leslie Mashokwe
Cell: 083 278 8018
Issued by: Department of Justice and Constitutional Development
9 October 2006
