A debate has erupted online after it emerged that South Africans who are unable to support themselves can legally claim maintenance from their own brothers or sisters under certain circumstances.
The legal provision recently drew widespread attention following a maintenance awareness webinar hosted by the National Prosecuting Authority in the Northern Cape.
During the session, senior state advocate Moeketsi Molaudi explained that the duty to support family members is rooted in legal relationships.
“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 said.
What maintenance covers
In legal terms, maintenance refers to essential financial support required to meet basic needs. This can include costs related to housing, food, clothing, medical care and education.
Legal expert Lucia Bugana confirmed that the law recognises obligations between blood relatives.
“If you are blood relatives, they can claim maintenance from you,” Bugana said in an interview with eNCA.
“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.”
Strict legal requirements
However, legal experts stress that such cases face very strict legal tests before any court will grant a maintenance order.
- First, the person applying for maintenance must prove financial necessity. This means demonstrating to a magistrate that they cannot support themselves and would suffer hardship without assistance. Applicants must usually provide bank statements, proof of income and evidence of expenses, or show whether they qualify for government social grants.
- Secondly, the court must determine whether the sibling being asked to pay has the financial means to help. Their income, expenses and financial commitments will also be scrutinised.
“The court will request their bank statements to assess how much they can afford to pay,” Bugana explained.
A law that has existed for decades
Despite the online debate, the rule itself is not new.
Senior maintenance prosecutor Deon Ruiters from the NPA’s Cape Town office told CapeTalk that the principle has existed in South African law since 1938.
He added that there is a clear hierarchy of responsibility when it comes to family support:
- Parents are primarily responsible for providing maintenance.
- If they are unable to do so, grandparents may be required to step in
- Siblings are considered only after those options have been exhausted.
Maintenance is for survival, not luxury
Ruiters also emphasised that maintenance orders are designed to keep someone afloat, not to support a lavish lifestyle.
To succeed with a claim, applicants must show that they are genuinely unable to work or find employment, rather than simply unwilling to do so.
How maintenance claims are made
Maintenance claims are typically filed at a magistrate’s court, where applicants must submit detailed information about their income and expenses.
A maintenance officer then investigates the claim before the court decides whether the person being sued is legally obligated to provide support.
If the court rules in favour of the applicant, it may order payments to be made directly, through a bank account, or via salary deductions from the respondent’s employer.
While rarely used, the law highlights how South Africa’s maintenance system recognises family responsibility beyond parents and children, a reality that has now sparked widespread public discussion.
