JOHANNESBURG - The idea of suing a sibling for financial support may sound unusual to many, but South African law does allow it -- under strict conditions and only as a last resort.
The National Prosecuting Authority says such cases are subject to strict legal tests before maintenance can be enforced.
A sibling who claims to be destitute must first prove that the presumed “well-off” sibling is their last available option for financial support, said Adv Hanedzani Tshusa.
READ: NPA: Siblings can be legally required to pay maintenance
Tshusa, a Senior Maintenance Prosecutor at the NPA, said that despite people being more familiar with the term “Black Tax”, the legal framework has always existed.
“Black Tax” is a social expectation that a more financially stable family member should assist those who are less well-off.
Maintenance covers basic living needs such as housing, food, clothing, medical costs, and education.
“The law extends to adopted and step-siblings,” said Tshusa.
“In the same way you may be obligated to take care of your biological siblings, you also have an obligation towards them,” she added.
Is it that easy?
While siblings who consider themselves destitute may see this as a potential lifeline, Tshusa said that claiming maintenance from a sibling is not simple, and approval is not guaranteed.
“Before one can approach their siblings, they must first seek help from their parents,” she said.
If parents are unable to assist, and the person has a spouse, courts will then assess whether the spouse can provide financial assistance.
READ: Here's why you can claim for maintenance from your siblings
According to Tshusa, siblings are considered a last resort. The sibling who is presumed to be financially stable will be given the opportunity to prove whether they can afford to provide support.
“The test is strict because it considers the basic needs of both the well-off sibling and the person they are expected to maintain,” Tshusa said.
The presumed financially stable sibling must be able to support themselves first, then their immediate family, before assisting siblings.
“It is not as straightforward, but it is the law,” she added.
How to start a maintenance claim
Applicants must go to their local magistrate’s court -- either in the area where they live or where they study.
They must bring:
- Proof of residence
- A certified copy of their ID
- A list of expenses
- The address of the sibling they wish to claim maintenance from
Tshusa said the maintenance clerk will process the documents, after which the sibling being sued will be summoned to court.
Both parties must present evidence to support their claims and explain why maintenance should or should not be granted.