Struggling Financially? South African Law May Let You Claim From Your Richer Siblings
- South African law allows siblings to claim financial support from one another, not just parents
- Applicants must prove they cannot support themselves, while the sibling being asked to pay must have the means
- Despite being rarely used, this provision could provide a vital lifeline for families facing financial hardship
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SOUTH AFRICA - Many people assume that only parents are legally responsible for supporting their children, but South African law offers a little-known safety net; siblings can also claim financial support from one another.
This provision could provide relief for brothers and sisters struggling to make ends meet, yet most people remain unaware that it exists.
eNCA spoke to legal expert Lucia Bugana, who explained that this isn’t new:
“This provision has always been part of the Maintenance Act, but the public rarely notice it. If you are blood relatives, your sibling can claim maintenance from you, provided you can afford it,” she said.
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Who can claim maintenance?
The National Prosecuting Authority confirms that the maintenance system isn’t limited to parents and children. It also extends to siblings and other qualifying relatives, covering financial support for essential needs such as food, accommodation, clothing, and medical expenses.
Bugana added:
“The court can order that you pay maintenance to your brother or sister, regardless of who is older. The applicant must prove they cannot support themselves and are not receiving supplemental income such as social grants or are unable to work due to disability.”
How the court assesses claims
To request maintenance from a sibling, two key conditions must be satisfied: the applicant must demonstrate financial need, providing evidence such as bank statements to show they cannot support themselves. The sibling being asked to pay must have the financial capacity, with sufficient income or surplus, to provide that support.
According to Bugana, maintenance claims between siblings are uncommon in South Africa. This is partly because social grants are widely available, and partly because most people don’t know this law exists.
“For siblings facing financial hardship, this law could be a lifeline,” Bugana says. “But awareness is key.”
Court rules in maintenance claim for adult children
In a related case under the Maintenance Act, the Supreme Court of Appeal (SCA) ruled that parents can claim maintenance from their partners for adult dependent children. The SCA acting Judge Pieter Meyer and four others found that mothers often carry the financial burden of adult children after divorce proceedings. The ruling follows an Eastern Cape woman’s appeal after the province’s high court found that she could not claim maintenance of her adult children, who were dependent on her.
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Court slashed father's maintenance order by half
Briefly News also reported that the Western Cape High Court ruled that a father was overpaying maintenance and reduced his obligation by more than 50%. The father, who earns a modest income, had appealed a June 2024 ruling by the Cape Town Magistrates' Court. The lower court had ordered him to pay R4,250 monthly, which increased to R7,500 in December, and to cover half of the additional costs, such as school uniforms, stationery, and medical expenses.
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Proofreading by Kelly Lippke, copy editor at Briefly.co.za.
Source: Briefly News
