A recent revelation that individuals struggling to sustain themselves financially can claim maintenance from their siblings has sparked widespread debate.
During a maintenance-awareness webinar hosted by the National Prosecuting Authority in Northern Cape, senior state advocate at the sexual offences and community affairs unit Moeketsi Molaudi clarified the legal obligations between siblings.
“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 against each other,” Molaudi explained.
Maintenance refers to essential financial support covering accommodation, food, clothing, medical expenses and educational needs. While the concept is standard, its application to siblings has raised concerns regarding the specific terms and conditions under which such a claim can be made.
“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
— Lucia Bugana, legal expert
In an interview with eNCA, legal expert Lucia Bugana confirmed that the law is clear on blood relations. “If you are blood relatives, they can claim maintenance from you,” Bugana said. “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.”
However, the process is not automatic. Bugana explained that there are strict requirements an applicant must meet before a court grants a maintenance order:
- Proof of financial necessity: You must demonstrate that you cannot financially sustain yourself. “You’ll need to show the court that without this person maintaining you, you would truly suffer,” Bugana noted. This involves providing bank statements and proof of any current income sources or eligibility for social grants.
- The sibling’s ability to pay: The person you are claiming from must have the financial means to support you. The court assesses whether they have a surplus income after covering their own essential expenses. “The court will request their bank statements to assess how much they can afford to pay,” Bugana added.
While this provision has existed in the Maintenance Act for decades, it is rarely used in South African courts. Bugana attributes this to the prevalence of government social grants, which often serve as the first line of support.
Deon Ruiters, a senior maintenance prosecutor for the NPA in Cape Town, noted that the law had been in place since 1938.
He clarified the “hierarchy” of maintenance in an interview with Cape Talk. “If your biological parents cannot assist you, the next in line would be your grandparents. Siblings are actually third in line.”
Ruiters further emphasised that maintenance is intended for basic survival needs, not extravagant lifestyle demands.
The applicant must prove a genuine need and demonstrate that they are not simply “unwilling to work”, but are truly unable to secure useful employment, Ruiters said.
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