n Tydskrif vir die Suid-Afrikaanse Reg - Maintenance arrears and the rights of the child : regspraak

Volume 2007, Issue 1
  • ISSN : 0257-7747
  • E-ISSN: 1996-2207



The preamble of the Maintenance Act 99 of 1998 recognises the supremacy of the Constitution of the Republic of South Africa 1996, which was adopted so as to establish a society based on democratic values, social and economic justice, equality and fundamental human rights and which seeks to "improve the quality of life of all citizens and to free the potential of all persons by every means possible, including, amongst others, by the establishment of a fair and equitable maintenance system". It further notes the high priority that should be given to the rights of children, to their survival and to their protection and development, as is evidenced by South Africa's signing of the World Declaration on the Survival, Protection and Development of Children (1990) and the accession to the Convention on the Rights of the Child (1989). Article 27 of the convention specifically requires South Africa, as a state party, to recognise the right of every child to a standard of living "which is adequate for the child's physical, mental, spiritual, moral and social development and to take all appropriate measures in order to secure the recovery of maintenance for the child from the parents or other persons having financial responsibility for the child".

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