If you are struggling to survive, the law may let you claim from your sibling

By Everson Luhangaย 

  • Law allows financially struggling adults to claim maintenance from siblings if they prove need and the sibling can afford payments.
  • Courts will assess affordability and reasonable amounts, not income gaps, before ordering any brother or sister to provide support.

Many workers stretch their salaries to cover food, transport and school costs. When money runs out, families often step in quietly.

Now the law may formalise that support.

The National Prosecuting Authority says maintenance is not only for parents and children. Under certain conditions, siblings can be ordered to support each other.

Maintenance covers basics like food, accommodation, clothing, medical costs and education.

โ€œThe 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,โ€ the NPA said.

But there are strict rules.

A person must prove they cannot support themselves. The sibling must have the means to pay. The amount must be reasonable.

This means a court will look at both need and affordability. You cannot claim just because your sister earns more.

For workers already supporting parents, children or relatives, the change could add pressure. For unemployed people with no income, it may offer a safety net while they search for work.

NPA spokesperson Mojalefa Molaudi said maintenance enforcement protects vulnerable people. He linked access to financial support to the fight against gender-based violence.

He also said maintenance courts are not only for women claiming from men. Both parents must support their children, and that duty continues until a child can support themselves.

The NPA dismissed claims that courts change DNA results. It said courts do not conduct or alter paternity tests.

Pictured above: A maintenance court sign as the National Prosecuting Authority clarifies that siblings can be required to support each other under certain conditions.

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