Vanessa Govender
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REACTING to the Maintenance Act where financially distressed siblings can claim maintenance from well-off siblings who are financially stable, renowned author Vanessa Govender said she believed that legal liability had to be carefully balanced with individual responsibility and societal support systems.
“In principle, if the distressed sibling had no other means, due to disability, unemployment or systemic barriers, and the well-off sibling can afford it without hardship, it does align with communal values in many cultures, including African Ubuntu philosophy, which emphasises shared humanity.
“However, it should not be automatic. Courts have to consider factors like the reasons for distress (for example, poor choices vs misfortune) and the sibling’s own efforts to improve their situation. This prevents dependency, and encourages personal agency.
“We cannot foster a culture of laziness and dependency just because one is well off and the other is not. Ideally, such laws should complement, not replace, government programmes like social grants, ensuring they are a last resort rather than a default expectation,” she added.
Govender said if siblings claimed maintenance, it was bound to create tension, and could even lead to the breakdown of relationships in a family dynamic.
“Someone is bound to feel resentment, especially the provider if they feel coerced, or entitlement from the recipient, potentially leading to conflicts over inheritance, favouritism or migration decisions. To mitigate this, education on the law’s limits and family counselling could help maintain harmony, turning it into an opportunity for open discussions about shared responsibilities rather than division,” added Govender.
Theshen Naicker.
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Comedian and actor Theshen Naicker said he was sceptical about how this would work.
“I do not believe that a sibling should be held legally accountable for their other sibling. They did not make the choice to have children. Parents make that choice. There are different circumstances that would dictate whether help should be given or not.
“If a sibling wants to be financially dependent, but has not made any effort to work or get an education, and is lazing around, it becomes a very frustrating experience for the sibling who goes to work, works hard, and becomes financially stable.
“There is bound to be frustration when a sibling has to take money from their own pockets to finance someone who is lazy. But on the other hand, if the person genuinely has an issue, and if they have an illness, disability or a sudden and major issue which stops them from working, they should be accountable to help.
“This should be on a humane level, and not where a brother or sister are legally obligated. They should help out of the goodness of their heart. In the spirit of family, you would want to help your brother or sister,” he added.
Neelofar Sayed
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Radio personality Neelofar Sayed said she believed that the intention behind the law was “quite compassionate”.
“It recognises that families are often the first line of support when someone is struggling. At the same time, family relationships are deeply emotional and complex. Once financial support becomes something that can be enforced legally. It changes the dynamic a little. Ideally, support
between siblings should come from care and a sense of shared responsibility, not necessarily from the pressure of a court order.
“Supporting family members is already part of our culture and it is something that is often done quietly and out of love. When the law enters that space, it can shift something that was once voluntary into something that feels obligatory. That can change the emotional tone of those relationships.
“The challenge is finding a balance between protecting vulnerable family members, and preserving the spirit of generosity and care that already exists within many families. At the heart of it, family should be a place of compassion, not compulsion. The real question is whether the law can ever truly regulate something as personal as family care,” added Sayed.
Rivan Ramsamy
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Rivan Ramsamy, a 21-year-old UKZN student from Westville, said his family were built on the Indian culture of caring for one another.
He said he welcomed the highlighting of the Maintenance Act.
“We have the identity threads of caring for one another in the household woven into the very fabric of our culture. As we all know, we may bicker and quarrel, but when a sibling is in need in the traditional Indian family household, it is hard to move past them without providing at least some assistance.
“I think that the siblings being able to lean on one another is very important for the family dynamic, and this act would enforce the principles of family,” Ramsamy said.