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SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) - Family (2) - Nairaland

Nairaland ForumNairaland GeneralFamilySA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) (10556 Views)

Poll: Would you claim sibling maintenance if you were struggling financially?

Yes 45% (70 votes)
No 54% (83 votes)
This poll has ended

1 2 3 Reply (Go Down)

Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by INTEGRITYA1(m): 12:58pm On Mar 06
Let try and read the write up, not just going by the headline. The article actually make sense

“You can’t be able-bodied and just not be making money,” Marx said.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Shikena(m): 1:11pm On Mar 06
thomas2024:
If I know take care of my siblings, who will apart from my parents?
"Take care" while they are still dependents or in school/training. After that stage every official adult must be productive. This also applies to your children.

That is how societies grow in a sustainable way. A society loaded with parasites can't see real progress. Random empowerment and support is also good but people should build mutually-beneficial relationships with banks and cooperatives as they grow. Get business loans, pay back as agreed, then get more and pay back.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by uvie66: 1:16pm On Mar 06
thomas2024:
If I know take care of my siblings, who will apart from my parents?
.... you must have the financial capacity, one can't neglect there own financial responsibilities towards their immediate family for the sake of looking after there siblings.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Demigod22: 1:18pm On Mar 06
Individualism will be the end of us. Why shouldn't I take care of my siblings? What am I hustling for? Isn't it for my family and children? I will always support my siblings whether elder or younger in morally, physically, psychologically, emotionally, spiritually and FINANCIALLY till my last breathe.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Solcampbell: 1:19pm On Mar 06
RandDigital:

https://www.youtube.com/watch?v=SAGeUmCtSN0?si=NyFsXlnQes7lqoxB[right][/right]

South Africans can, under certain conditions, claim maintenance from a sibling.

But it’s far more complex than many believe.

That’s according to attorney and family law specialist Amy Marx, who unpacked the issue in an interview following comments attributed to the National Prosecuting Authority.


NOT A NEW LAW, BUT RARELY USED

Marx said sibling maintenance claims are not new.

“When it comes to maintenance claims, this has always been in the books,” she said.

She stressed there is no new legal development and that the principle forms part of common law.

However, she described it as ‘extremely difficult’ to compel one sibling to financially support another.

There are strict steps that must be followed.


PARENTS AND GRANDPARENTS FIRST

A sibling cannot be approached first for maintenance.

“You first have to go to the strongest link, which would be parents,” Marx explained.

If parents are unable to provide support — for example, if they have died — the next step would be grandparents.

Only if they are also unable to assist would a claim against siblings be considered.

Marx said there is a common law principle that blood relatives may have a maintenance obligation, but “it basically gets weaker the further away it gets”.


ADULT SIBLINGS CAN'T REFUSE TO WORK

The situation differs when it involves adults.

“You can’t be able-bodied and just not be making money,” Marx said.

She said someone cannot simply choose not to work and expect a financially successful sibling to cover their living expenses.

There must be a reasonable need.

If a person is able-bodied and capable of working, that weakens any potential claim.


WHEN SIBLING MAINTENANCE MAY APPLY

Marx said such claims are more common in cases involving minors or adults who are unable to support themselves.

She cited a case involving a child with Down syndrome who could not work and was living in a care facility.

In that matter, siblings had received money from their parents’ deceased estate.

The maintenance court allowed a claim against the siblings because funds that should have supported the vulnerable child had effectively been paid out as inheritance.


INHERITANCE ALONE IS NOT ENOUGH

Marx clarified that simply receiving a larger share of an inheritance does not automatically create a maintenance obligation.

If provision for a dependent person was not properly structured in the estate, and inheritance effectively replaced maintenance funds, a claim could arise.

But she stressed that each case depends on specific legal requirements.

“You’d have to prove that there is a legal requirement for the maintenance,” she said.


LAW MAY EVOLVE, BUT LIMITS REMAIN

While acknowledging that case law can change over time, Marx said there is currently no general duty on extended family members, such as aunts and uncles, to provide maintenance.

For now, sibling maintenance remains a legal possibility, but only in narrow, carefully defined circumstances.

“It’s not that you can just go straight to a sibling,” she said.
The law is good. If one sibling gets an accident, or handicapped, it's only right that their siblings step in to support them, instead of being abandoned.

First time seeing a post from you without hate towards Nigeria and Nigerians. Wishing you continued growth and positivity.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Shikena(m): 1:20pm On Mar 06
INTEGRITYA1:
Let try and read the write up, not just going by the headline. The article actually make sense

“You can’t be able-bodied and just not be making money,” Marx said.
Exactly. That's the only way we can stop Nigeria from becoming Abegistan as some people are already calling our country.

How large numbers of able-bodied men and women would rather use their strength on non-productive activities or shortcuts every blessed day is unbelievable.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Personperson01: 1:33pm On Mar 06
IronGalaxy:
Say what?? Are they mad or what?
Yup social care instead of using dem for rituals or house help like y'all do in 9ja
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Realinfogeneral: 1:37pm On Mar 06
In Africa, many have always feel obliged to financially assist their siblings and it is the right thing to do as long as the siblings are not taking advantage and be lazing around.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by IronGalaxy: 1:48pm On Mar 06
DissTroy:
Black South Africans will do anything but be accountable for themselves. Same way they blame foreigners for their unemployment and economic woes and will rather loot businesses than work, they believe their siblings must pick their bills.

There's Black Tax, and there's Black South African Tax.
Every little thing is an opportunity is to talk down on us not surprising really,. this thread literally has nothing to do with the nonsense you're typing and yet here we are

Nobody in SA blames foreigners for unemployment, get it straight..we are saying when it come to job, poor South Africans must be prioritized.. absolutely nothing wrong with that. You would want the same thing in your country

Black South Africans do work, so please dont dare patronize us saying we "loot" than work, that is not reality.. why not work too instead of begg.ing ?
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by IronGalaxy: 1:51pm On Mar 06
illicit:
Lazy youths....

Do they ever work in that country?
how else's do you think that country it is what is? The working class..come on now
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by KingCold: 1:54pm On Mar 06
HighChiefZino:
Lazy youths!!!
And now, I can confirm that South Africa is on another level.
Always calling everything that moves "lazy" while the term applies to you people more than anyone else

Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by KingCold: 1:57pm On Mar 06
TallNigerian:
See judgment from a country of lazy people. grin grin

Them born me as they take born you but na me go take financial responsibility over you.
The "lazy people" that happen to be the most entrepreneurial, gotta love South African laziness cool

Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by KingCold: 2:01pm On Mar 06
TallNigerian:
See judgment from a country of lazy people. grin grin

Them born me as they take born you but na me go take financial responsibility over you.
The "lazy people" who also somehow also happen to be one of the earliest risers on average.. gotta love it cool

Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by KingCold: 2:05pm On Mar 06
Solcampbell:
The law is good. If one sibling gets an accident, or handicapped, it's only right that their siblings step in to support them, instead of being abandoned.

First time seeing a post from you without hate towards Nigeria and Nigerians. Wishing you continued growth and positivity.
Complete lack of awareness as usual.
He's the one always being attacked by posting anything from SA.. go back and check the threads he's been posting and the reactions towards them. its your brothers that need growth and maturity..

Look at this thread as example.. your people are already hurling insults and calling SA people "lazy" unprovoked
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by babakb: 2:09pm On Mar 06
Official begging has been enacted grin grin grin

South Africans do surprise me sometimes.

South Africa is the only country in Africa regarded as native english speaking, hence it's citizens have the opportunity to migrate to rich Asian, European and South American countries to teach english and earn good money.

But I don't really see them leveraging this opportunity the way they ought too.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Wotowotoman: 2:13pm On Mar 06
Cc Samantha125. SA news for you angry


Please is this how your siblings have been taking care of your upkeep since you lost your job? 🤔
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Hemanwel(m): 2:24pm On Mar 06
Wetin concern Nigerians with this news? What's the relevance of this news to the unemployed Nigerian youths?

To me, this is a waste of front page space on Nairaland.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by KingCold: 2:59pm On Mar 06
babakb:
Official begging has been enacted grin grin grin

South Africans do surprise me sometimes.

South Africa is the only country in Africa regarded as native english speaking, hence it's citizens have the opportunity to migrate to rich Asian, European and South American countries to teach english and earn good money.

But I don't really see them leveraging this opportunity the way they ought too.
There are many South Africans teaching English in other countries like Korea, China etc. others are doing it right here at home via the net, i once knew somoene who was doing exactly that. The thing about us South Africans you must understand we dont like making noise , we don't like the attention, even abroad South Africans tend to be very low-key..
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by zinaunreal(m): 3:02pm On Mar 06
Height of laziness
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by zinaunreal(m): 3:03pm On Mar 06
KingCold:
There are many South Africans teaching English in other countries like Korea, China etc. others are doing it right here at home via the net, i once knew somoene who was doing exactly that. The thing about us South Africans you must understand we dont like making noise , we don't like the attention, even abroad South Africans tend to be very low-key..
That's the only thing you guys scramble out if your country to do. Teach English 😆
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Emeskhalifa(m): 3:05pm On Mar 06
illicit:
Lazy youths....

Do they ever work in that country?
This has been my thoughts too.

Do their youths engage in any work at all?
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by KingCold: 3:08pm On Mar 06
zinaunreal:
That's the only thing you guys scramble out if your country to do. Teach English 😆
its better than smuggling drugs
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by KingCold: 3:09pm On Mar 06
Emeskhalifa:
This has been my thoughts too.

Do their youths engage in any work at all?
Are you guys this daft or unexposed? Is there any country where people just choose not to work but that country is an economic giant?
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by zinaunreal(m): 3:14pm On Mar 06
KingCold:
its better than smuggling drugs
Mr Teacher 😆
If not for your white masters will you even have that opportunity? When they refer to a native speaker, they were talking about yiur masters but because of you blacks are hungry, that became a critical survival line for you.

Point out other things you guys have achieved worldwide 😆 Mr English teacher
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by KingCold: 3:16pm On Mar 06
zinaunreal:
Mr Teacher 😆
If not for your white masters will you even have that opportunity? When they refer to a native speaker, they were talking about yiur masters but because of you blacks are hungry, that became a survival line for you.

Point out other things you guys have achieved worldwide 😆 Mr English teacher
Ah, of course..the white people....what else with you people? They are all you obsess about, even calling them "masters" in 2026? smh

Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by zinaunreal(m): 3:18pm On Mar 06
KingCold:
Ah, of course..white people, what else with you people? They are all you obsess about
Mr Teacher 😆. After Teacher what else. That critical survival line must be held tightly or your generations of blacks will go hungry
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Emeskhalifa(m): 3:22pm On Mar 06
KingCold:
Are you guys this daft or unexposed? Is there any country where people just choose not to work but that country is an economic giant?
Oh maybe I should be precise.

Talking bou the black youth, of course not the whites who are making sure the country is working fine
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by KingCold: 3:26pm On Mar 06
Emeskhalifa:
Oh maybe I should be precise.

Talking bou the black youth, of course not the whites who are making sure the country is working fine
Lol.. of course, I dont really expect any credible argument from a Nigerian apart from talking about the "whites".. the morbid worship and obsession you have for them is common knowledge at this point. cool

Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Emeskhalifa(m): 4:03pm On Mar 06
KingCold:
Lol.. of course, I dont really expect any credible argument from a Nigerian apart from talking about the "whites".. the morbid worship and obsession you have for them is common knowledge at this point. cool
Y'all think you can gaslight other Africans? Even when what we're saying is crystal clear?

I repeat, if not for the white folks up there making sure you guys are kept in line, by now SA would've been one of the most terrible place on earth. kudos to your white masters.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by jaxxy(m): 4:12pm On Mar 06
Siblings should takecare of each other when and where necessary but the Sibling has to be responsible not some one causing his own problems.
Re: SA Court Affirms One Can Claim Financial Support From Their Siblings (Pictures) by Christistruth03: 4:23pm On Mar 06
If the Sibling is well off it is Normal

You have a duty to care for your family
1 2 3 Reply

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