An Investigation into the Practical Challenges Faced by Maintenance Applicants in Zimbabwe (Chegutu)

Abstract

The Maintenance Act (Chapter 5:09) is one of the most progressive pieces of legislation in Zimbabwe towards advancement of women and children’s rights. It is a vehicle that is used to enforce responsibility and safeguard the financial welfare of spouses and children where the parties fail to bring their heads together to financially support each other or their offspring. Both spouses regardless of gender can claim for maintenance if they fall within the prescripts of the law. Regardless of the existence of this legislation some caregivers or parents are not using this facility. The aim of this paper is to investigate the challenges in applying and enforcing a maintenance order. The method used was qualitative in nature. Questionnaires were administered to 30 women who have applied for maintenance and 10 interviews were used to gather information. The findings were that the self-actors received negligible amounts that did not suffice for the upkeep of the children, the expenses incurred in travelling to and from to apply for maintenance render the process prohibitive, and there is also suspected corruption and bribery in the maintenance enforcement process. Moreover, the service provision at court is said to be poor and many applicants find the process tedious even though it may grant them the desired results. It is recommended that the legal process should be reviewed and there should be monitoring strategies that should be introduced to curb bribery and corruption and improve service delivery.

Keywords: maintenance, challenges, women, court processes, maintenance applications

DOI: 10.7176/JLPG/121-04

Publication date:May 31^st 2022