Maintenance law is of high relevance and importance in South Africa. A census taken in 2011 highlighted that approximately 48% of minor children are being raised by one parent households. The objective of the Maintenance Act 88 of 1998 (the “Act”) is to ensure that children receive the necessary maintenance to assist in their upbringing and well-being and that parents are held accountable to their duty to maintain their children. This is in line with section 28(2) of the Constitution which states that a child’s best interest are of paramount importance in every matter concerning the child and, more specifically sections 28(1)(b) and 28(1)(c) stipulates that every child has the right to family care, nutrition and shelter.

Download the full article above

Written by Pauline Manaka, candidate associate (Litigation), Knowles Husain Lindsay Inc Attorneys