Blood Is Not a Burden: When Siblings Can Claim Maintenance From Each Other

 In many South African homes, the eldest child becomes the second parent. When poverty strikes, when parents pass away, or when illness steals a breadwinner, brothers and sisters are often left holding each other together.

Legally, most people believe siblings have no responsibility toward one another. But the truth is more complex.

Under the Maintenance Act 99 of 1998 and South African common law, the primary duty of support lies with parents and children. However, in certain circumstances, siblings can claim maintenance from one another.

This usually happens when:

Both parents are deceased or financially unable to provide support.

The sibling seeking maintenance is unable to support themselves (for example, due to disability, unemployment, or being a minor).

The sibling being asked to pay has the financial means to assist.

The court does not treat this lightly. It looks at the financial position of both siblings, their needs, and whether there are any other relatives who may have a stronger legal duty to provide support.

Imagine a 19-year-old girl in Limpopo who loses both parents. Her older brother works in Johannesburg and earns a stable income. She wants to finish school but has no money for food, school fees, or transport. In such a case, a Maintenance Court may find that the older brother has a legal duty to contribute not because he is rich, but because family responsibility does not end with grief.

But it is important to understand:

This is not automatic. The court must be convinced that:

The person claiming maintenance genuinely cannot survive without assistance.

The sibling has the means to provide support without suffering hardship.

Family disputes over money can tear relationships apart. What starts as a plea for help can turn into resentment, court battles, and lifelong silence between siblings.

Maintenance law is not about punishment. It is about survival. It recognises that in some families, when parents are gone or unable to provide, brothers and sisters may become each other’s last safety net.

In South Africa, blood is not just a bond of love sometimes, in the eyes of the law, it can also become