How South Africans can demand maintenance from siblings
Could you be legally required to pay for your siblings? Here is what the law says.
A massive debate has been sparked across South Africa following the revelation that people struggling to make ends meet can legally claim maintenance from their own brothers or sisters.
This legal reality was brought to light during a maintenance awareness webinar hosted by the National Prosecuting Authority in the Northern Cape.
Moeketsi Molaudi, a senior state advocate at the Sexual Offences and Community Affairs Unit, broke down the obligations family members have towards one another.
“There should be a legal duty to maintain. This legal duty stems from the relationship. Just as between a child and a parent, siblings can also claim maintenance from each other,” Molaudi explained.
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In this context, maintenance is defined as essential financial help that pays for housing, food, clothing, medical bills and schooling costs.
Legal expert Lucia Bugana weighed in during an interview with eNCA, confirming that the law is very specific when it comes to blood relations.
“If you are blood relatives, they can claim maintenance from you,” Bugana said.Â
“If you can afford it, the court might order you to pay maintenance to your brother or sister, regardless of whether they are older or younger than you.”
How it works
However, do not expect it to be as easy as it sounds. Bugana clarified that there are very strict hurdles an applicant has to clear before any court grants an order.
First, there must be proof of financial necessity. You have to prove to a magistrate that you simply cannot support yourself.
“You’ll need to show the court that without this person maintaining you, you would truly suffer,” Bugana noted.
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This process involves handing over bank statements and showing any current income, or whether you qualify for government grants.
Second, the sibling being sued must actually have the means to help. The court looks at whether they have any money left after paying for their own essential living expenses.
“The court will request their bank statements to assess how much they can afford to pay,” Bugana added.
Not a new rule
Interestingly, this is not a new rule. This provision has been part of the Maintenance Act for decades, although it is hardly ever seen in our courts. Bugana suggests this is because most people turn to government social grants as their primary safety net.
Deon Ruiters, a senior maintenance prosecutor for the NPA in Cape Town, told Cape Talk that this law has actually been on the books since 1938. He also explained that there is a specific “hierarchy” when it comes to who pays.
If your biological parents are not able to help, your grandparents are next in line. Siblings actually sit third on that list.
Ruiters was also quick to point out that maintenance is about keeping someone afloat, not funding a lavish lifestyle. To succeed, an applicant must prove a real need and show they are not just “unwilling to work”, but are genuinely unable to find a job, Ruiters said.
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