You can legally claim maintenance from a sibling in SA

If you are struggling financially and have no one else to support you, the law may allow you to claim maintenance from a sibling. The National Prosecuting Authority (NPA) has clarified that South Africa’s maintenance system is not limited to parents and children. Under certain conditions, a brother or sister can be legally required to provide financial support.

The issue was discussed during a recent maintenance awareness webinar hosted by the NPA’s Northern Cape division, where officials addressed common misunderstandings about who can claim maintenance.Maintenance refers to financial support for basic needs such as food, accommodation, clothing, medical expenses and education. According to the NPA, the duty to support a family member is based on blood relationship, adoption or marriage. This means that close family members, including siblings, may have a legal responsibility to assist if certain requirements are met.

“The duty to support a family member is not limited to supporting a child. Any family member, regardless of age, can ask another family member to support or maintain them,” the NPA said. The person claiming maintenance must prove that they are unable to support themselves.The sibling being asked to pay must have the financial means to do so and the amount claimed must also be reasonable.

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In other words, you cannot demand money simply because your brother or sister earns more than you. The court will assess both need and affordability. NPA spokesperson Mojalefa Molaudi said maintenance enforcement forms part of efforts to protect vulnerable people, especially in the fight against gender-based violence (GBV).

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