REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS
and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA
outstanding maintenance to beneficiaries. A zero tolerance approach was adopted when
dealing with maintenance defaulters. This includes the attachment of pensions for
maintenance.
385.
The Department has appointed complaints managers and maintenance investigators in
all regions to manage maintenance services complaints. The Department’s maintenance
programme was designed to minimise the time spent on queues, strengthen the
investigation process used in tracing maintenance defaulters, and improve the payment
system to ensure that rightful beneficiaries are paid on time.
386.
This strategy has had great success in bringing thousands of maintenance defaulters to
book. Many defaulters have been arrested and brought to court, resulting in hundreds of
maintenance beneficiaries receiving regular pay-outs. The strategy has reduced the
loopholes in the system and introduced tighter mechanisms to enforce payments.
387.
The Department is determined to reduce the turnaround time of maintenance payments
by ensuring that garnishee payments are made directly to maintenance beneficiaries.
These direct payments assist maintenance beneficiaries as the money is received directly
from the garnishee, instead of waiting for funds to clear in court’s bank account. An
electronic fund transfer system (EFT) was created so that beneficiaries have quick and
safe access to funds.
Harassment
388.
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In a bid to strengthen the protection of victims of harassment, the Protection from
Harassment Act, 2011214 was passed in Parliament. The Act affords the victims of
harassment an effective remedy against harassment. A victim of harassment can
approach the magistrates' courts in terms of the Act to obtain a protection order against
any person who is harassing them. A person who breaches a protection order may be
criminally charged and, if found guilty, held liable to a fine or imprisonment. Harassment
in this regard means directly or indirectly engaging in conduct that causes harm or
inspires the reasonable belief that harm may be caused to the complainant or a related
person by unreasonably—(a) following, watching, pursuing or accosting of the
complainant or a related person, or loitering outside of or near the building or place
where the complainant or a related person resides, works, carries on business, studies or
happens to be; (b) engaging in verbal, electronic or any other communication aimed at
the complainant or a related person, by any means, whether or not conversation ensues;
or (c) sending, delivering or causing the delivery of letters, telegrams, packages,
facsimiles, electronic mail or other objects to the complainant or a related person or
leaving it where it will be found by or given to, or brought to the attention of, the
complainant or a related person.
Act No. 17 of 2011
108