You Can Claim Maintenance From Your Wealthy Siblings If You Are Struggling: NPA Confirms
South Africans who are battling to put food on the table now have a powerful legal weapon in their corner. The National Prosecuting Authority has confirmed that struggling individuals can drag their wealthy brothers and sisters to court and force them to pay maintenance.
This is not some new loophole or recent change to the law. Legal expert Lucia Bugana revealed that this provision has been hiding in plain sight for years. It has always been part of the Maintenance Act, but the general public simply never took note of it.
The NPA confirmed on March 1, 2026 that the maintenance system goes far beyond just parents and children fighting over cash. It covers financial support for basic needs such as food, accommodation, clothing, and medical expenses among other things.
What You Must Prove To Claim
Lucia Bugana explained to eNCA that this law applies to blood relatives and it does not matter how old you are. The person claiming the maintenance can be older or younger than the sibling they are taking to court.
“You need to show that you are in need and cannot sustain yourself and would suffer without the maintenance,” Bugana said.
She also emphasised that the applicant would need to prove that the sibling can actually afford to pay. The court will then make an assessment on how much the sibling should fork out every month.
However, Bugana dropped a reality check. She said cases of sibling maintenance are extremely uncommon in South Africa. This is partly because of SASSA grants and partly because people simply do not know this law exists.
“The maintenance would only apply to people who do not qualify for the SASSA grant,” Bugana confirmed.
Anyone wanting to take their sibling to court needs to bring proof of identity, income, and monthly expenses to their local Maintenance Court. A magistrate will then weigh need against affordability and set a reasonable amount.
South Africans React With Shock And Laughter
The announcement dropped on Sunday, March 1, 2026 and within hours social media was on fire. South Africans flooded comment sections with jokes, threats, and genuine confusion about this hidden law.
One commenter Lulu de Kock perfectly captured the mood.
“Your siblings may be out of your house, but not out of your bank account!”
Tina Gaes pointed out a common problem that will have many people sweating.
“The problem is my siblings thinks I’m the well-off sibling.”
Busi Mngomezulu Twala asked the question on everyone’s lips.
“‘Well-off’ …I wonder how the act defines ‘well-off’.”
Mammy Makoena Mabotha took a darkly humorous view of what might come next.
“Siblings will start unaliving each other.”
Krishna Pillay jokingly revealed his plans.
“My boss is like a brother to me!!!! (just going to see my lawyer tomorrow).”
Musa Justo Ngubane pointed out that for many families, this is nothing new. It already has a name.
“Nothing new to most of us, others call it ‘Black tax’.”
Maanda Mupfumi Sjonga joked about South Africa’s richest man.
“Motsepe is my sibling.”
Maswazi Nkosi counted his blessings.
“Being an orphan with no siblings is starting to have its advantages after all.”
Sarah-Lee Molefe warned her siblings in isiZulu.
“And they think I’m the well-off sibling. Tjoo ba ska leka, tla ba Rosemary on them.” (They can try, I will become Rosemary on them.)
Chabi Sesoko summed up what many were thinking.
“We just call it Black tax to avoid legal jargon.”
Petronella Ndebele joked about being an only child.
“Aaah there’s no sibling whom I can claim to. I am the only child. I should start questioning my parents.”
Rendani Netshirungulu worried about families with many children.
“Imagine the siblings from your dad all come and claim maintenance, 11 of them yooh.”
Kabelo Langa Nemaunzeni predicted family secrets would come out.
“DNA will be done and to find that our parents were busy.”
Anna-Marie Van Noordwyk offered a different perspective.
“Really we need to get away from the mindset that the govt and others need to take care of us. I know things are tough but take care of yourself as good as you can.”
For vulnerable people with nowhere else to turn, this measure can offer practical relief. Anyone thinking of making a claim should seek advice from a maintenance prosecutor or legal aid clinic before filing papers.