JOHANNESBURG – The National Prosecuting Authority (NPA) has confirmed one can be legally responsible for maintaining a financially struggling sibling.
Maintenance covers essentials such as housing, food, clothing, medical costs, education among other things.
NPA’s Maintenance Prosecutor Advocate Hanedzani Tshusa said this provision is not new, it has always been part of the maintenance act, however, she says before one can go to the siblings, the responsibility lies with the parents first. The law also applies to adopted and stepsiblings.
“When parents are not able to support that person, then it goes to the siblings,” Tshusa said.
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However, she cautioned that the courts will likely not grant applications without looking at the basic needs.
“The test is strict. The sibling who is maintaining must also be able to maintain themselves and siblings will come at a lower rate. It is not that straight forward but it is prescribed by the law. Normally, the courts look at people who are really struggling and whose parents are not employed. Not luxuries.”
To start a maintenance claim against a sibling, applications must be submitted at a local magistrate’s court.
“You will then be required to court and show why your sibling must maintain you,” Tshusa added.