Category: Blog

  • Home
  • Category: Blog

The Impact of Social Media on Privacy Laws:

By Nsi J. Pabalinga 1 Comment

What You Need to Know

Social media has become a ubiquitous part of modern life, and while it provides many benefits, it also raises concerns about privacy. In this article, we’ll explore how the use of social media affects our privacy rights and the impact it has had on privacy laws.

Personal Data – Social Media Platforms

Social media platforms collect vast amounts of user data, including personal information such as names, age, location, and browsing history. However, this has been a subject of controversy, with many people arguing that these platforms are not transparent about how they collect and use user data.

International Laws

In response, privacy laws have been introduced to regulate the use of personal data by online social networks. For example, the European Union’s General Data Protection Regulation (GDPR) requires social media platforms to obtain explicit consent from users before collecting and using their data. Similarly, the California Consumer Privacy Act (CCPA) in the US mandates that social media platforms provide users with the ability to opt-out of the sale of their personal information.

Botswana Laws

Botswana has yet to implement specific laws that govern social media privacy. However, Botswana’s Data Protection Act of 2018 provides some level of protection to individuals’ personal data, including data that may be shared on social media platforms.

Under the Data Protection Act, personal data must be collected and processed in a lawful and fair manner. Individuals have the right to know what personal data is being collected about them and how it will be used. They also have the right to access, correct, or delete their personal data.

While the Data Protection Act does not specifically address social media, it applies to any organization or person that processes personal data. This includes social media platforms operating in Botswana. Therefore, social media platforms must comply with the Data Protection Act when processing personal data of Botswana users.

Legal Actions

Moreover, social media platforms have faced legal actions for their handling of user data. In 2018, Facebook was embroiled in a scandal when it was revealed that a data analytics firm had harvested the personal information of millions of users without their consent. This led to numerous regulatory actions against Facebook, including a $5 billion fine by the US Federal Trade Commission (FTC).

Fake News And Misinformation

The spread of fake news and misinformation on social media has led to many legal and ethical questions about privacy. For instance, fake news and misinformation can cause reputational harm and lead to harassment. This can have long-lasting effects on an individual’s privacy. Additionally, it can lead to identity theft, stalking, and other types of cybercrime.

To address these concerns, privacy laws have been introduced in many countries around the world. For example, in Germany, the Network Enforcement Act (NetzDG). It requires social media platforms to remove hate speech and fake news, and other illegal content within 24 hours or face significant fines.

Similarly, the European Union has introduced the Code of Practice on Disinformation. It comes in to promote transparency and accountability among online social network organizations regarding the spread of fake news and misinformation. The code also encourages these platforms to work with fact-checkers and independent researchers to identify and combat false information.

In the United States, the Communications Decency Act provides immunity to social media platforms for content posted by their users. However, the Act does not protect platforms from legal action related to the spread of fake news and misinformation. Therefore, social media platforms could face legal action for their role in spreading false information.

Addition

Social media has had a significant impact on privacy laws. It is important to understand how it affects our privacy rights. While social media platforms provide many benefits. It is essential to be aware of the risks associated with sharing personal information online. Online social platforms must be transparent about how they collect and use user data to ensure that users’ privacy rights are protected.

@thelawraven

Read More

Protecting your Wi-Fi router from hackers

By Nsi J. Pabalinga 0 Comments

Protecting your Wi-Fi router from hackers is essential in today’s digital age. With so many devices connected to your network. It’s more important than ever to take measures to secure your home network. Here are some tips on how you can protect your Wi-Fi router from hackers. *Please Note : some of the methods listed below will need you to familiarize yourself with the router interface first, if you do not know how ok click here .

Change the default login credentials

When you purchase a new router, it comes with default login credentials. These default login credentials are often easily guessable, making them an easy target for hackers. To protect your router, change the default login credentials to something unique and strong. Use a combination of upper and lower case letters, numbers, and symbols to make it difficult for hackers to guess your password. Or If you want extra tight security you can use online password generators like Avast Password Generator to come up with complex passwords, that are more secure.

Sharing WIFI Passwords

The more people you share your Wi-Fi password with the more you are at risk of being hacked. Its quiet common for people to use their most common password to secure their WI-FI network. In certain cases you might find Individuals using the same exact password for his or her social media accounts, emails and for banking apps, Therefore sharing your WI-FI password with a lot of people might provide a clue to hackers on how they might manipulate your other password secured platforms using that similar password or generating a password based on the characteristics of how your password is arranged. Therefore be extra careful who you share your passwords with as hackers might use that as a vulnerability to crack your digital platforms.

Do Writing Passwords Down

The best and safest place to store your password is in your head. Writing it down can be problematic if that piece of writing falls in the wrong hands. Therefore It is very Important to memorize your password and by so doing remembering to keep it not so obvious like for example using your child’s name or your date of birth.

Update your router firmware

Router manufacturers regularly release firmware updates to fix security vulnerabilities and bugs. Updating your router firmware will ensure that your router is protected from the latest threats. Most modern routers have an automatic update feature, so make sure it’s enabled. If not, check the manufacturer’s website for firmware updates and install them manually. This is very important as these updates will help protect your WI-FI network from known malicious attacks.

Enable WPA2 encryption

Wireless Protected Access 2 (WPA2) is the strongest encryption protocol available for WiFi networks. It encrypts data sent between devices on your network, making it difficult for hackers to intercept and decipher your data. Make sure your router is using WPA2 encryption, and don’t use outdated encryption methods like WEP.

Change the SSID name

The SSID is the name of your WiFi network that is visible to other devices. The default SSID name is often the name of the router manufacturer, making it easy for hackers to identify the type of router you are using. Change the SSID name to something unique to make it more difficult for hackers to identify your router.

Disable remote management

Many routers have a feature that allows you to manage your router remotely. While this feature can be convenient, it can also leave your network vulnerable to hackers. Disable remote management to prevent hackers from gaining access to your router. Remote management is mainly of use in large organizations and if you are using your router at home you should make sure that remote management is turned of.

Use a strong network password

Using a strong network password is essential to protect your router from hackers. Use a combination of upper and lower case letters, numbers, and symbols to create a strong password. Avoid using common phrases, names, or dates that can be easily guessed.

Enable MAC address filtering

Media Access Control (MAC) address filtering is a security feature that allows you to specify which devices are allowed to connect to your network. By enabling MAC address filtering, you can prevent unauthorized devices from accessing your network, even if they have your network password.

Subscribe to Law Raven for more educational articles.

Read More

Navigating Botswana’s Legal System

By Nsi J. Pabalinga 0 Comments

Introduction:

Botswana’s legal system can be complex and overwhelming, especially if you are not familiar with the laws and regulations in the country. As a result, it is important to understand your legal rights and how to navigate the legal system in Botswana. In this article, we will provide a comprehensive guide to Botswana’s legal system and how to protect your rights.

Section 1: Family Law in Botswana

Family law in Botswana’s legal system covers a wide range of legal issues, including marriage, divorce, child custody, and adoption. For example, in Botswana, marriage is regulated by the Marriage Act, which requires that couples register their marriage with the Registrar of Marriages. This ensures that your marriage is legally recognized and that you have legal rights as a couple.

Divorce is also regulated by the courts in Botswana. The courts will consider factors such as the length of the marriage, the assets and liabilities of each spouse, and the welfare of any children involved. It is important to seek legal advice if you are considering divorce in Botswana.

Section 2: Immigration Law in Botswana

Immigration law in Botswana regulates the entry and stay of foreign nationals in the country. This includes obtaining visas and work permits, as well as complying with immigration regulations. For example, if one is a foreigner, Botswana’s legal system requires that person to acquire the necessary work permit to legally work in the country.

Section 3: Personal Injury Law in Botswana

Personal injury law in Botswana covers a wide range of issues, including car accidents, medical malpractice, and workplace injuries.

Section 4: Criminal Law in Botswana

Criminal law in Botswana covers a wide range of offenses, including theft, assault, and murder.

Conclusion:

Navigating Botswana’s legal system can be complex and challenging, but it is important to understand your legal rights and how to protect them. Whether you are dealing with family law issues, immigration law, personal injury law, or criminal law. It is essential for an individual to seek legal advice as it ensures proper legal representation and the protection of rights. This article serves as a summery to Botswana’s legal system.

Read More

The Married Persons Property Regime in Botswana:

By Nsi J. Pabalinga 1 Comment

Essential Block Advanced Heading

The Married Persons Property Regime (MPPR) In Botswana is a legal framework that governs the property rights of married couples. The MPPR was enacted in 2014 under the Married Persons Property Act. It came in as a replacement of the previous common law regime that governed property rights in marriage.

The MPPR provides for two types of property regimes: Community of property & Separate property regime

Under the community of property regime all property acquired by either spouse before or during the marriage, as well as any income generated from that property, is deemed to be joint property. This means that both spouses have an equal share in the property and must share equally in any profits or losses.

On the other hand, under the separate property regime, each spouse retains ownership of the property they owned prior to the marriage and any property that they acquire during the marriage. This includes any income generated from their separate property. This means that each spouse is solely responsible for the management and control of their own property and is entitled to any profits or losses generated from that property.

It is important to note that the MPPR only applies to couples who are legally married. Couples who are cohabiting or in a de facto relationship are not covered by the MPPR, and their property rights are governed by other laws.

One of the key features of the MPPR is that it allows couples to choose the type of property regime that they want to adopt. Couples can either choose the community of property regime or the separate property regime. However, they must do so before they get married, and they must sign a prenuptial agreement to formalize their choice.

The MPPR also provides for the dissolution of the marriage and the distribution of property in the event of divorce. In the case of the community of property regime, all joint property is divided equally between the spouses. However, in the case of the separate property regime, each spouse retains ownership of their own property, and any joint property is divided based on the contributions made by each spouse towards its acquisition.

Overall, the MPPR is a significant development in Botswana’s legal framework for property rights in marriage. It provides couples with greater control over their property . This is benevolent as it allow couples to choose the property regime that best suits their needs. The regime is a very important upgrade of the Botswana legal system as a majority of people in marriages have different streams of income as compared to their spouses. Therefore, allowing for property protection while still maintaining a joint financial partnership in a marriage.

Read More

Why you should cover laptop cameras?

By Nsi J. Pabalinga 0 Comments

In recent years, there has been a growing trend of people covering their laptop cameras with tape or other forms of physical barriers. While some may dismiss this as paranoia or unnecessary precaution, there are valid reasons why people take this measure. In this article, the team at Law Raven has put together the reasons why some people cover their laptop cameras and whether it is just paranoia.

Cybersecurity threats

Firstly, it is essential to understand that laptops and other devices with built-in cameras are vulnerable to hacking. Cybersecurity threats are becoming increasingly sophisticated. Now, hackers can exploit vulnerabilities in devices to gain access to the camera and microphone. Once they have access, hackers can spy on the user and even record audio and video without their knowledge. In some cases, this information can be used for blackmail, cyberbullying, or even identity theft.

Privacy

Secondly, many people use their laptops in private settings, such as their home or office. Even though they are in a trusted environment, there is still a risk that someone could gain unauthorized access to the camera. For example, if someone forgets to lock their screen, a colleague or family member could access the device and turn on the camera. Covering the camera with tape is a simple and effective way to ensure that the camera cannot be used without the user’s knowledge.

Thirdly, some people cover their laptop cameras because of their concern for their privacy. In recent years, there have been several high-profile cases of tech companies collecting user data without their knowledge or consent. For example, in 2018, Facebook was caught collecting user data through its mobile app’s microphone without users’ explicit consent. While Facebook has denied any wrongdoing, it has raised concerns about the privacy of online users.

Hackers

There are several ways hackers can gain access to your laptop camera. One common method is through malware or a virus that infects your computer. Once the malware is installed, it can give the hacker remote access to your camera. Another method is through phishing scams, where hackers trick you into downloading software that gives them access to your camera.

Cost

Lastly, covering laptop cameras with tape is a low-cost and effective way to prevent cyber attacks. While there are other methods to secure devices, such as using firewalls and antivirus software. These can be expensive and may not provide complete protection. Covering the camera with tape is a simple and affordable way to ensure that the camera cannot be accessed by hackers.

So, is covering laptop cameras with tape just paranoia? :

The answer is no. There are valid reasons why people take this measure. It is a simple and effective way to protect their privacy and security. While there may be other methods to secure devices. Covering the camera with tape is a low-cost and straightforward solution that provides peace of mind to users.

Summery

Covering laptop cameras with tape is a growing trend that is not just paranoia. Cybersecurity threats are becoming increasingly sophisticated, and it is essential to take measures to protect our privacy and security. While covering the camera with tape may seem like a small step. It is an effective way to ensure that our devices cannot be used to spy on us without our knowledge. It’s also important to keep your computer’s software up-to-date and to be cautious when downloading software or clicking on links from unknown sources. Additionally, using strong passwords and two-factor authentication can help protect your accounts from being hacked.

In addition, Botswana law has not yet enacted specific legislation on internet privacy. However, the country’s constitution protects the right to privacy, which includes the right to private communication. The Botswana Telecommunications Act of 1996 and the Botswana Communications Regulatory Authority Act of 2012 both provide for the confidentiality of communications, including electronic communications.

Read More

What are the benefits and potential risks of wearing seat belts for pregnant women while driving, and what do the laws in Botswana say about this practice?

By Nsi J. Pabalinga 0 Comments

Pregnancy is an exciting time for expectant mothers, but it can also be a period of increased risk and concern when it comes to road safety. As a pregnant woman, you may wonder if it’s safe to wear a seat belt while driving or if there are any potential risks involved. This article will explore the benefits and potential risks of wearing seat belts for pregnant women while driving and what the laws in Botswana say about this practice.

Benefits of Wearing Seat Belts for Pregnant Women While Driving:

Wearing a seat belt is one of the most effective ways to prevent serious injury or death in the event of a car accident. The same holds true for pregnant women. Here are some of the benefits of wearing seat belts for pregnant women while driving:

  1. Protecting the mother and the baby: Wearing a seat belt can help protect both the mother and the unborn baby by preventing them from hitting the dashboard, steering wheel, or windshield in the event of a car crash.
  2. Reducing the risk of premature delivery: Studies have shown that pregnant women involved in car accidents are at a higher risk of premature delivery. By wearing a seat belt, the risk of premature delivery is reduced.
  3. Preventing fetal injury: Wearing a seat belt can help prevent fetal injury by distributing the force of the impact across the mother’s body rather than focusing it on the abdomen.
  4. Reducing the risk of placental abruption: Placental abruption is a serious complication that can occur during pregnancy. It happens when the placenta separates from the uterus before delivery. Wearing a seat belt can help prevent placental abruption by reducing the force of the impact in the event of a car crash.

Potential Risks of Wearing Seat Belts for Pregnant Women While Driving:

While the benefits of wearing seat belts for pregnant women while driving are clear, there are also some potential risks to consider. Here are some of the potential risks of wearing seat belts for pregnant women while driving:

  1. Discomfort: The pressure from the seat belt may cause discomfort for pregnant women, especially during the later stages of pregnancy. However, discomfort can be reduced by wearing the lap belt below the belly and the shoulder belt between the breasts.
  2. Abdominal trauma: The pressure from the seat belt may cause abdominal trauma for pregnant women in the event of a car accident. However, this risk is outweighed by the benefits of wearing a seat belt.
  3. Incorrect use: Incorrect use of seat belts can also be a potential risk. Pregnant women should always wear the lap belt below the belly, across the hips, and the shoulder belt between the breasts.

Laws in Botswana Regarding Seat Belt Use for Pregnant Women:

In Botswana, wearing a seat belt while driving is mandatory, and pregnant women are not exempt from this law. Pregnant women are required to wear seat belts while driving or riding in a car. The law does not specify how pregnant women should wear the seat belt, but it’s recommended to follow the guidelines mentioned earlier to reduce discomfort and potential risks.

Conclusion:

Wearing a seat belt is an essential safety measure for pregnant women while driving. It offers many benefits such as protecting both the mother and the unborn baby, reducing the risk of premature delivery, preventing fetal injury, and reducing the risk of placental abruption. While there are potential risks associated with wearing a seat belt, the benefits outweigh the risks. Pregnant women in Botswana should always wear a seat belt while driving or riding in a car, and follow the recommended guidelines to reduce discomfort and potential risks. Remember, wearing a seat belt could save your life and your baby’s life in the event of a car crash.

Read More

Domestic Violence, Get Your Restraining Order

By Nsi J. Pabalinga 1 Comment

Domestic violence poses a significant threat to the well-being and safety of individuals, families, and communities, and has far-reaching consequences for society as a whole. Our laws exist to protect you as much as the next person. It should never be difficult to get a restraining order or protection order if you have reason to fear for your life or well being.

2018 Domestic Violence Survey In Botswana.

Domestic violence is a significant problem in Botswana, with high rates of physical, sexual, and emotional abuse against women and children. According to a 2018 survey conducted by the Botswana Police Service, 4,534 cases of domestic violence were reported in that year, with the majority of the victims being women.

Factors Influencing Domestic Violence

The prevalence of domestic violence in Botswana is influenced by a variety of factors, including gender inequality, cultural norms that condone violence against women, poverty, alcohol abuse, and lack of access to education and healthcare. Women who are financially dependent on their partners are often at higher risk of experiencing domestic violence.

Legal Steps Taken To Address Domestic Violence

The Botswana government has taken steps to address domestic violence, including passing the Domestic Violence Act in 2008, which criminalizes physical, sexual, and emotional abuse within intimate relationships. The government has also established shelters and counseling services for survivors of domestic violence.

Challenges

However, there are still challenges to effectively addressing domestic violence in Botswana, including lack of resources and awareness, reluctance to report incidents of abuse due to fear of stigma or reprisal, and limited access to legal and medical services in rural areas. Ongoing efforts are needed to raise awareness about domestic violence, promote gender equality, and provide support to survivors.

Any person in a domestic relationship can obtain a restraining order.

A domestic relationship is created between:

  • married couple
  • cohabiting couple
  • exes
  • children & parents
  • family members
  • house – mates / neighbors
  • fiancés

The law allows you to get a restraining order against:

  • physical abuse or threat of physical abuse
  • sexual abuse or threat of physical abuse
  • emotional verbal or psychological abuse
  • economic abuse
  • intimidation
  • harassment
  • damage to property
  • entry into someone’s home without permission
  • stalking

for notifications on new articles please subscribe to our newsletter

Read More

Self-driving cars are already in the market: do you even need a driver’s license to operate one?

By Nsi J. Pabalinga 0 Comments

The concept of self-driving cars is becoming increasingly popular, and many car manufacturers are investing heavily in developing and testing autonomous vehicles. However, one question that often arises is whether a driver’s license is necessary to operate a self-driving car. In this article, we will explore the various arguments for and against requiring a driver’s license to operate a self-driving car.

What is a self-driving car?

Before we can delve into the question of whether a driver’s license is necessary for operating a self-driving car, it is essential to understand what self-driving cars are. Self-driving cars, also known as autonomous vehicles, are cars that use sensors, cameras, and artificial intelligence (AI) to navigate roads without human input. These cars can sense their surroundings and make decisions based on the data collected by the sensors and cameras.

Self-driving cars are categorized into five levels of autonomy, as defined by the Society of Automotive Engineers (SAE). Level 0 refers to a car with no automation, while Level 5 refers to a fully autonomous car that can operate in all conditions without human intervention. Currently, most self-driving cars fall between Level 2 and Level 4, where the car can operate with limited or no human intervention, but still requires a driver to be present.

Arguments for requiring a driver’s license

There are several arguments for requiring a driver’s license to operate a self-driving car. Let’s explore some of them in detail:

  1. Legal responsibility

One of the primary reasons for requiring a driver’s license is to assign legal responsibility in case of an accident. Although self-driving cars are designed to operate safely, accidents can still happen. If a self-driving car is involved in an accident, it may not be clear who is at fault, especially if there is no driver in the car. Requiring a driver’s license can help assign legal responsibility and determine who is liable for damages.

  1. Emergency situations

Another argument for requiring a driver’s license is that it can help in emergency situations. Even though self-driving cars are designed to handle most situations on their own, there may be scenarios where human intervention is necessary. For example, if a pedestrian suddenly crosses the road, the self-driving car may not be able to react quickly enough to avoid a collision. In such cases, a licensed driver could take control of the car and prevent an accident.

  1. Technical issues

Self-driving cars rely on complex software and hardware systems that can malfunction or fail. Requiring a driver’s license can ensure that there is a trained individual in the car who can take control if the system fails. This is particularly important in Level 2 and Level 3 self-driving cars, where the driver must be prepared to take over at any time.

  1. Training and education

Requiring a driver’s license can also help ensure that individuals operating self-driving cars are adequately trained and educated. Although self-driving cars are designed to be easy to use, there is still a learning curve involved in operating them. A driver’s license requirement could ensure that individuals have completed a training program and have a basic understanding of how the technology works.

Arguments against requiring a driver’s license

While there are several arguments for requiring a driver’s license, there are also some compelling reasons why a driver’s license may not be necessary to operate a self-driving car. Here are some of the arguments against requiring a driver’s license:

Lack of physical control

Under current laws, a human driver is responsible for the operation of a vehicle and can be held liable for any accidents or violations. However, with self-driving cars, the vehicle itself is making decisions about how to operate on the road, without direct physical control from a human driver.

As a result, there are ongoing debates about how to assign legal responsibility in the event of accidents involving self-driving cars. Some argue that the responsibility should fall on the manufacturer of the self-driving car, while others suggest that liability should be shared between the manufacturer and the human operator of the vehicle.

In response to these challenges, some jurisdictions have begun to implement laws and regulations specific to self-driving cars. For example, In USA the state of California has enacted regulations requiring self-driving car manufacturers to obtain permits and provide proof of insurance, as well as to report any accidents involving their vehicles.

As self-driving car technology continues to develop, it is likely that laws and regulations will evolve to address the unique challenges posed by these vehicles. However, until then, there will likely continue to be significant debates and legal challenges around issues of liability and responsibility in the event of accidents involving self-driving cars.

Read More

Regulatory Compliance And What It Means For Legitimate Businesses

By Nsi J. Pabalinga 0 Comments

The legitimacy of a business is based on its recognition by numerous stakeholders. The smooth running of a business is guaranteed only when a business entity has complied with the the laws & regulations in place.

Here’s a detailed explanation of the cost of compliance:

  1. CIPA

Name reservation

Business registration Fee

Appointment of Secretary Fee

Submission of annual returns

2. BURS

Registration for Tax

Payment for drawing up financial statements for submission annually at BURS.

Payment of income of tax if you have employees who earn more than P3000 per month.

Non-compliance results in penalties & sometimes criminal prosecution.

3. CITY COUNCIL

This is the licencing authority for a majority of businesses who provide goods & services, Most businesses need a licence or permit at the city council/ town council within their district.

Each licence has a list of requirements for you to meet.

Each licence application requires that you make payment.

Trading without a licence or permit attracts heavy fines even a prison term.

SPECIALISED LICENCING AUTHORITIES OR REGULATORY BODIES

Some businesses will also require licencing from specific authorities such as:

BOCRA

BOMRA

LSB

REAC

ARC

ERB

MINISTRY OF TRADE

MINISTRY OF DEFENCE

PPADB

Business that intend to do business with government need to be recognized for their discipline areas so you would have to register and pay fees to be issued with a registration code.

BANKS

Every business needs to have a bank account in order to operate within the parameters of the law.

To set a bank account you need help from your company secretary (You pay a fee for that help)

Account opening requires a deposit into the account

The existence of an account attracts bank charges.

Compliance is expensive running your business means paying attention to the cost of keeping your doors open.

Read More

7 THINGS YOU NEED TO UNDERSTAND ABOUT CHILD SUPPORT (MAINTENANCE).

By Nsi J. Pabalinga 0 Comments

7 THINGS YOU NEED TO UNDERSTAND ABOUT CHILD SUPPORT (MAINTENANCE).

A child is the most vulnerable member of any society; as such the law places a duty on parents to support their child. Payment of maintenance is intended to provide for the needs of the child at a reasonable and affordable cost. The key words here being reasonable and affordable.
Maintenance court rarely has lawyers appearing on behalf of parties and often because most cannot afford an attorney so this might help most people be better prepared when they file a case or appear in court in response to a summons.

This duty of support is not affected in any way by the marriage of either parent and the expenses paid must be for the direct benefit of the child. That being said, let’s begin.

1.PATERNITY

The duty to pay maintenance lasts for at least 21 years in normal cases. It is therefore important that whoever doubts their paternity of the child must make arrangements as soon as possible to have a paternity test done. The cost of a paternity (DNA) test is far less than the cost of paying maintenance over 21 years. Demanding one is not unreasonable especially if the costs are paid by you. It might cost you your relationship though.

For those who learn at a later stage that the child is not yours, confirm the same through DNA tests unless you have no issues with continuation support out of the love and strong bond you have with the child.

Overall, no man should ever stand before court and claim that a child is not his without evidence to support his claim especially in response to a woman`s claim that the child is his. Once you admit to having been in a relationship the mother of the child, denying paternity with no proof sounds more like you are trying to run away from your responsibility.

2. ON FILING YOUR CLAIM FOR MAINTENANCE

Whenever you find yourself compelled to file a claim for maintenance, be clear on how much you are claiming and why. A wise complainant provides a breakdown of figures showing how much each item costs (food, hair, transport etc) in order to justify the total demanded. Remember, to keep in mind reasonable and affordable costs.

The court will determine the appropriate amount of maintenance by striving to balance the needs of the child and the means of the parent. For example it would be unreasonable to demand that someone pay P500.00 when they earn P800.00 per month! Each case depends on its circumstances so there is no standard amount.

One may claim P2, 000.00 and another P500.00 and the court may grant each demand based on their circumstances and the lifestyle that the child may be accustomed to. No two people or cases are the same.
The fact that the parent has a net salary of P20, 000.00 does not mean the complainant is entitled to demand P5, 000.00 when the needs of the child amount to P1, 000.00. Justify your claim.

3.APPEARING IN COURT FOR MAINTENANCE CLAIM

It goes without saying that in most cases, it is the fathers who are summoned to court for failure to pay child support. Mothers too are summoned in some instances. The real issue that must be addressed is not whether you are able to pay but how much you can afford to pay.
Most people make the mistake of thinking they can defend the claim by saying they are unemployed. Remember, this issue concerns an innocent child so failure to pay maintenance places an unfair burden on the other parent.

The child does not stop having needs because a parent does not have the resources. Each parent must contribute something and the truth is even with the high unemployment rate, some things cannot be sacrificed and the welfare of a child is one of them.

4.WHAT TO BRING WHEN YOU APPEAR AT COURT

If you are employed, take your recent payslip with you. Be prepared to explain what your monthly expenses are if asked by the court. This helps the court strike a balance between your means and the needs of the child. If you turn up empty handed, you risk seeming like you do not take welfare of your child seriously.

If you have summoned to court for one child and yet you consider the amount to be too high for that one child maybe because you have more children whom you support as well then take copies of their birth certificates with you. It is important to be sincere before court and to submit anything that might support your claim. Words alone may not be enough.

If your claim is that you have been paying child support all along then consider making electronic payments in future to create a paper trail. It may be the only thing that helps you defend the claim. If you do not have any documentary proof (bank statements) then you can only say you paid and hope the court is persuaded by your words.

5. VARIATION OF MAINTENANCE ORDER

Variation simply means to change (more or less). A party may apply for variation of maintenance order due to change of circumstances. The change might be influenced by;The needs of the child
The change of employment status of the other parent.

The court may allow someone to pay P200.00 monthly as maintenance due to the fact that they had been unemployed at the time. If he later finds himself gainfully employed again, the other party can apply for the amount to be raised (varied).

As a child grows up, their needs also increase so unless parties can mutually agree to raise maintenance then the complainant can apply for variation at court.

6. PITFALLS TO AVOID

The problem is that most parents do not support their children even when they are able such that by the time they fall on hard times and get sued they have arrears that date back to when they had the finances and resources to contribute.

If you appear not to take the welfare of your child seriously or understate your income or appear dishonest by giving self contradictory statements, the court is most likely to believe the other party’s version of events as narrated by them.

Whenever you are summoned to court for a child who is a few years older, you are expected to have reorganized your finances to accommodate that child. In other words, you cannot continue to over commit yourself financially (e.g by taking on loans) then later using them as an excuse for failing to support. Your voluntary financial commitments must never affect what`s due to the child.

7. THE HUMAN ELEMENT

Every judicial officer faces the massive task of having to be impartial (equal treatment of rivals). Cases involving children sometimes can momentarily affect the courts ability to be neutral because these are issues that strike a chord. A wise man should keep that in mind when responding to questions in court. Speak up, make eye contact and be clear about your intentions for your child. Body language and attitude says a lot too. If you cannot pay what has been demanded then offer something not nothing.

For those who do not have custody of the child you are entitled to reasonable access and visitation rights on alternate weekends, school holidays and public holidays. Reasonable her means you make arrangements with the other parent well on time; not to call them at midnight demanding to see your child.

At the same time, it would not be fair to expect one parent to pay maintenance and yet fail to grant them access and visitation rights. If that happens then the parent without custody can apply for custody and the roles will be reversed.

That being said, share for the benefit of your siblings, friends and loved ones who need to understand this.On the eve of Father’s Day. We wish you a fulfilling one!

https://www.youtube.com/watch?v=SWVvDgwAx6o&t=35s

Read More

Recent Posts

Recent Comments

Archives

Categories

Recent Post

Categories

Copyright @ 2023 The Law Raven. All Right Reserved

--->
X