By Staff Reporter
JOHANNESBURG – People who are struggling financially may be able to legally claim maintenance from a well-off brother or sister, a provision that many South Africans are not aware of.
Legal experts say this is not a new development, but rather a long-standing part of South Africa’s maintenance laws that has largely gone unnoticed by the general public. While it is commonly understood that parents have a duty to maintain their children, the law also recognises that blood relatives, including siblings, may in certain circumstances have a reciprocal duty of support.
According to the National Prosecuting Authority (NPA), the maintenance system extends beyond just parents and children. Maintenance refers to financial support for essential needs such as food, accommodation, clothing, education and medical expenses.
For a maintenance claim between siblings to succeed, the person seeking support must prove that they are unable to maintain themselves. The sibling from whom maintenance is claimed must have the financial means to provide assistance, and the amount claimed must be reasonable and aligned with the needs of the applicant.
Legal practitioners have emphasised that the duty of support among family members is rooted in longstanding legal principles. However, each case is assessed on its own merits, and courts carefully evaluate factors such as financial capacity and genuine need before making a ruling.
Individuals considering such a claim are encouraged to approach their nearest maintenance court or seek legal advice for guidance on the process.
