How to complain about and escalate your maintenance matter?

• Grounds for a complaint if your maintenance matter is taking too long with reference to section 10(6)
• What is meant by “postponements are limited in number and duration”?
• Discussion of the duties of the maintenance officer in terms of the DOJ Codified Instructions 26/2015
• Explanation of Mthimunye v Minister of Justice and Constitutional Development 2014 JDR 1066 (GP) and the implications for maintenance officers
• Guide on the process that a complainant needs to follow in order to expedite a maintenance matter
• Practical examples and precedents of complaints lodged
This section contains pre-reading material that you should read through at your leisure before the webinar.  The webinar handout you would find on the next tab – we suggest that you download and print the handout / webinar material before the start of the webinar as we will be referring to sections in the handout during the course of the webinar.

 

None

This section contains the slideshow (if used), webinar handout and important resources that we will be referring back to during the webinar. Please download and print these before the start of the webinar or have them available electronically to enhance your learning experience.

 

• Maintenance Act, Act 99 of 1989

• Regulations Maintenance Act 99/1989

Handout: How to complain about and escalate your maintenance matter?

Slides: How to complain about and escalate your maintenance matter?

Example of complaint against magistrate – rude

Example of complaint against magistrate – undue delay in verdict / ruling

Example of complaint letter to service delivery

*** Note: affidavits and examples supplied by Deon Ruiters and made available for distribution by the public during the NPA Dialogue on Maintenance workshop in Cape Town. Lunch and Learn advises viewers to use these documents as mere examples and to customise the documents to suit your individual matter ***

 

Additional resources:

DOJ Code 26/20145 (Codified Instructions Code Family Court Maintenance)

Service Delivery Charter DOJ

 

Lunch and Learn is a social responsibility project overseen by Oppermans Inc, a family law practice with more than 24 years of experience. The weekly webinars are provided free of charge, aimed at creating awareness on child maintenance. This webinar was pre-recorded at the end of 2023, and the information contained therein was (and still is) correct at the time of recording—the Maintenance Act or Rules has not been amended or changed since. Discussions of relevant case law dealing with specific maintenance issues are found under the “free resource library” tab on the home page.

Affidavits referred to, or templates provided, are mere examples that could be used and should be customized to your specific matter. These documents, such as affidavits cannot be considered “outdated.” The additional speakers on some of these webinars were invited guest speakers who have participated out of their free will and have no affiliation or association with Lunch and Learn.

The details contained in these webinars are for educational and informative purposes only and do not constitute legal advice. You are strongly advised to consult with an experienced legal practitioner for advice on your specific maintenance matter.

How to complain about and escalate your maintenance matter?

If you have any enquiries / questions relating to this module or wish to schedule an appointment for a in person consultation with a specialist maintenance attorney at the offices of Oppermans Inc in Gordons Bay or a virtual consultation, please send us an email using this form and one of our panel of attorneys will respond as soon as possible.