In South Africa, the issue of maintenance is critical for ensuring that children receive the necessary financial support from their parents.
While the obligation to support minor children (under 18) is straightforward, maintenance on behalf of a major child (18+ years old), presents a unique legal challenge. This article explores the legal framework, relevant statutes, and key case law that govern this issue in South African law.
Under South African law, parents have a duty to support their children which extends beyond the age of 17. If the child is unable to support themselves due to factors such as education, disability, or unemployment, this obligation is enshrined in both statutory law and common law.
Maintenance Act 99 of 1998
The primary legislation Governing maintenance is the Maintenance Act 99 of 1998. While the act mainly addresses the maintenance of minor children, it also acknowledges that the duty to maintain can extend to major children under certain circumstances.
Can a parent sue for Maintenance on Behalf of a major child?
- Generally, a major child who needs maintenance must claim it themselves. However, parents may also have standing in specific circumstances, specifically when the major child is unable to bring the claim due to incapacitation or other significant reasons.
- Parental duty also includes maintaining a child even when the child is over the age of majority leading up to a stage where the child is self-supporting. This principle has been reinforced in several key cases.
RELEVANT CASE LAW
- Bursery v Bursery and Another 1999(3) SA CC (SCA) established that the duty to support a child could extend into adulthood. The court ruled that a parent might be obligated to support a major child pursuing education or unable to work due to disability.
- Butcher v Butcher 2009 (2) SA 421 (C) – In this case, the court confirmed that a major child must generally bring their own maintenance claim. However, the court noted that in exceptional circumstances where the major child is incapacitated, a parent might bring the claim on their behalf.
- Z v Z 2016 (6) SA 548 (WWC) – In this case, the court addressed the issue of maintenance for a major child who was still dependent on the parent. Due to their ongoing education, the court confirmed that parents have a continuing duty to support their children if, even after reaching the age of majority, provided the children are still in need of such support. This decision reinforced the principle that a parent can sue for maintenance on behalf of a major child. If the child is unable to do so themselves due to legitimate reasons such as incapacity or ongoing educational commitments.
Conclusion
While the primary responsibility for claiming maintenance rests with the major child, South African law provides for exceptional cases where parents can sue on their behalf.
The key is demonstrating that the child cannot support themselves and justifying their parents standing to bring the claim. Understanding the interplay between statutory provisions and common law. As well as the guidance from relevant case law is essential for navigating these complex issues.
