The NPA explains the strict legal requirements for claiming maintenance from a sibling in South Africa
Katlego Sekhu
The NPA says if you have a sibling who is doing well financially and you are struggling, you may be able to ask them for maintenance.
But it is not that simple.
According to Advocate Hanedzani Tshusa, a sibling who claims to be destitute must first prove that the presumed well-off sibling is their last available option for financial support. Speaking to eNCA, Tshusa explained that siblings are considered a last resort in these matters.
The sibling who is believed to be financially stable will also have the opportunity to prove whether they can actually 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 National Prosecuting Authority stressed that these cases are subject to strict legal tests before maintenance can be enforced. The presumed financially stable sibling must first be able to support themselves and their immediate family before assisting a brother or sister.
Reacting to this, Siz The World’s Sizwe Dhlomo says he sees no problem with it. For him, working hard has always meant ensuring that the people he loves are taken care of.
“I work so that the people that I love can be fine. I know if anything happens in my life, everyone is looking at me.”
As an older sibling, Mpho Maboi agrees, but with one condition. She says it becomes unfair when a sibling is not willing to do anything with their life.
“Unfortunately there are those siblings who do not want to do anything with their life. In those instances it becomes unfair.”
Mbali Thethane echoed that sentiment.
“I can’t be saving people who are not interested in helping themselves.”
To hear the full discussion, listen to the podcast.
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