Delinquent dad's pension used for maintenance arrears
Public Protector Busisiwe Mkhwebane's office stepped in after a father ignored a court order stating he should support his child. The father has now had R300 000 taken from his pension fund to cover years of outstanding child support payments and future maintenance costs.
Mkhwebane's office said it had decided to step in after the mother complained that the Government Pension Administration Agency (GPAA) had failed to comply with maintenance court orders to pay the amount from the father's pension fund, notes TimesLIVE.
'On 18 September 2012, the court granted an order for the attachment of up to R40 000 of the defaulting father's pension fund held at the Government Employees Pension Fund (GEPF). The order was sent to the GEPF the same day it was granted, with a requirement for the GEPF to pay the amount concerned by 31 October 2012. This was not complied with, the statement read.
'On 2 September 2015, another order was granted for the attachment of the outstanding arrears, which took the total amount due to the mother to R72 000. This order, too, was not complied with.
'On 16 November 2016, a third order was granted for the attachment of outstanding arrears of R104 000 plus an additional R240 000 for future maintenance. This order, in terms of which GEPF had to pay the mother a total of R344 000 by 30 November 2016, replaced the one granted earlier on 02 September 2015.
Again, the GEPF failed to comply, the Public Protector said. In June 2018, the mother of the child sought assistance from the Public Protector's Office. 'Five months down the line, the GPAA paid the mother all that was due to her,' the office said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





