The National Prosecuting Authority (NPA) has clarified that siblings may, in certain circumstances, be legally required to provide financial support to a brother or sister who is unable to care for themselves. This obligation, rooted in the Maintenance Act, typically applies when parents are unable to meet their child’s basic needs, such as housing, food, clothing, medical care, and education.
Advocate Hanedzani Tshusa, a Maintenance Prosecutor, explained that while the law is not new, courts carefully assess both the applicant’s needs and the sibling’s ability to provide support before granting any maintenance orders
According to NPA Maintenance Prosecutor Advocate Hanedzani Tshusa, this obligation has long existed under the Maintenance Act, but parents remain the primary providers. Only if parents are unable to offer financial assistance does the responsibility extend to siblings, including adopted siblings and stepsiblings.
“When parents are not able to support that person, then it goes to the siblings,” Tshusa explained.
She added that courts apply strict standards when evaluating such claims, carefully assessing the applicant’s essential needs before granting any order. “The test is strict. The sibling who is maintaining must also be able to maintain themselves, and siblings will generally be required to contribute at a lower rate. The courts focus on those truly struggling whose parents are unemployed, not on luxuries,” Tshusa said.
To pursue a maintenance claim, an application must be lodged at the relevant local magistrate’s court. “You will then be required to appear in court and show why your sibling must maintain you,” Tshusa added.
