Namibian men are raising concerns about possible gender bias in maintenance courts, questioning whether fathers receive fair and impartial treatment when they appear before magistrates and prosecutors in disputes over child maintenance.
One father, who spoke on condition of anonymity, said his experience at the Katutura Maintenance Court left him questioning whether his concerns and the circumstances of both parents had been fairly considered.
He argued that maintenance proceedings should focus on meeting children’s needs rather than treating disputes as conflicts between guilty and innocent parents.
He said courts should consider the circumstances of both parents and recognise the importance of their involvement in their children’s lives, alongside their financial responsibilities.
The father said the magistrate, prosecutor and most of the staff handling his matter were women.
He claimed that only two of the court’s nine staff members were men and questioned whether the composition of the court could affect how fathers experienced the proceedings.
He also alleged, based on his own inquiries, that the magistrate and prosecutor were single mothers.
However, he provided no independent evidence that their personal circumstances or gender influenced the handling of his case.
He further questioned whether the financial circumstances of the mother involved in his dispute, whom he described as financially well off, had been examined with the same scrutiny as his own.
His concerns raise questions about how courts assess the financial capacity, responsibilities and circumstances of both parents when determining maintenance obligations.
However, his account alone does not establish that gender bias exists in the maintenance courts.
Namibia’s Maintenance Act 9 of 2003 provides the legal framework for child maintenance and the responsibilities of parents to support their children according to their circumstances.
According to the ministry of gender equality and child welfare’s third national gender equality and equity policy 2025 to 2035, women accounted for 50.5 percent of magistrates in Namibia’s lower courts.
The figure provides context on the representation of women in the judiciary but does not establish whether maintenance decisions are influenced by gender.
Human rights activist Rosa Namises said concerns had been raised about female magistrates and prosecutors allegedly favouring mothers in maintenance disputes.
She maintained that officials must act according to the law rather than their personal circumstances or interests.
“Workers must adhere to the law at all times. Staff must not work on their personal behalf. When this happens evidence must be gathered and the matter must be reported. Such behaviour must never be tolerated in our country,” Namises said.
Namises said fathers needed to be willing to participate actively in their children’s upbringing and take responsibility for their welfare.
She urged parents who struggle to communicate to use the maintenance court to resolve disputes and ensure that children receive the support they need.
“The child must come first. We have a Child Maintenance Act and it must be used. Parents must be willing to open up conversations about the upbringing of the child. Let us help our children become the best they can be,” she said.
Ben Uugwanga, founding manager of Capstone Research Consultancy in Walvis Bay, said both parents had a responsibility to contribute towards their children’s needs, regardless of which parent was the primary caregiver.
Uugwanga rejected claims that female magistrates and prosecutors discriminate against fathers in favour of mothers, maintaining that magistrates apply the law when making decisions.
“Magistrates apply the law to the letter. Female magistrates and prosecutors do not discriminate against fathers in favour of mothers,” Uugwanga said.
He said mothers who earned an income should contribute financially when fathers were the primary caregivers, just as fathers were expected to contribute when children lived with their mothers.
Uugwanga said children needed food, clothing, shelter and emotional support, and urged parents to provide for them financially, materially and educationally.
Lecturer and political analyst Ndumba Kamwanyah said it was unfair for one parent to carry the entire financial responsibility when both parents were capable of contributing.
“Fathers should not feel that their concerns are ignored simply because they are men. The focus should always be on the best interests of the child,” Kamwanyah said.
He said parents did not necessarily have to contribute equal amounts because their obligations should depend on their incomes, financial responsibilities and the needs of the child.
“Fairness does not always mean paying exactly the same amount,” he said.
Kamwanyah said a person’s gender should not determine the outcome of a maintenance case, adding that magistrates and prosecutors must act professionally and make decisions based on the law and the evidence presented.
He cautioned against assuming that female officials would automatically favour mothers or that male officials would favour fathers.
“I do not believe that a person’s gender should determine the outcome of a case. Magistrates and prosecutors must act professionally and fairly, based on the law and the evidence presented. Both mothers and fathers deserve equal treatment in front of the law,” he said.
Kamwanyah also warned that conflict between parents could leave children feeling stressed, guilty or caught in the middle of disputes.
He urged parents to reassure children that disagreements over maintenance were not their fault and to seek professional support when necessary.
“Child maintenance should never be about revenge, punishment or conflict between parents. It should be about ensuring that children have their basic needs met and can grow up in a safe and supportive environment. Both mothers and fathers have responsibilities, and society should encourage responsible parenting without judging parents based on gender,” he said.
In a report published by The Namibian on 24 May 2023, then ministry of justice spokesperson Edmund Khoaseb said maintenance cases were not a matter of women against men and that fathers could also approach maintenance courts.
Khoaseb said the ministry received complaints from fathers, although not as many as from mothers.
He said both parents were expected to contribute towards their children’s needs according to their financial means.
The concerns raised by fathers highlight the importance of ensuring that maintenance proceedings consider the financial circumstances of both parents, the needs of children and the evidence presented in each case.
While complaints about unfair treatment warrant proper examination, allegations must be supported by evidence before conclusions can be drawn about the conduct of individual officials or the existence of systematic gender bias.
The office of the judiciary was approached for comment on the concerns raised about the handling of maintenance cases and the measures in place to ensure fairness and impartiality in the courts.
The office had not responded to questions by the time of publication.
