02 May 2019

Kanye magistrate, Mr Daniel Nkau has urged parents to take responsibility for the upbringing of their children and ensure their decisions are in the best interest of the children.

He was speaking at a Women Legal workshop organised by Keitsholofetse, a Kanye-based organisation, which offers psycho-social support for expectant mothers. 

The workshop was intended to bring together stakeholders to sensitise and empower parents on legal matters affecting children.

Mr Nkau said taking care of children should not be mistaken for doing the other parent a favour as the law stipulates that both parents should take responsibility.

“Maintaining a child is an obligation for both biological parents, but some believe they are doing the other parent a favour,” he said.

Both parents, he said, had the right to a relationship with their children even if they were not married.

He said failure to maintain a child could not be used to deny a relationship between a child and either parent and advised them to lodge child maintenance cases with the magistrate court if either parent was failing on their responsibility.

Mr Nkau explained that paying damages, commonly known as tshenyo as per custom, was not anyhow related to child maintenance and such cultural practices should not be used to deny children their right to care.

For her part, Ms Tumelo Segaetsho of Segaetsho and Associates underscored the need for a breakdown of the child’s needs before lodging a case with the maintenance court. 

She said since maintaining the child was not one parent’s responsibility, the child’s expenses were divided between the two parents.

She also emphasised the need to abide by the court’s maintenance order, failing which they would be liable to civil imprisonment.

“Failure to abide by the maintenance order is a criminal offence that attracts civil imprisonment,” she said.

Just Hope Foundation founder, Dr Sithandazile Msimanga underscored the need for parents to be honest and transparent with their children’s identity as it was their right.

She said this would avoid psychological problems caused by lack of identity on children. ENDS