Buje v Road Accident Fund (3149/2019) [2021] ZAECPEHC 43 (17 August 2021)

Buje v Road Accident Fund (3149/2019) [2021] ZAECPEHC 43 (17 August 2021)

The court found that, although the plaintiff and the deceased had a relationship and a child together, the evidence did not establish that they were permanent life partners or that their relationship was akin to marriage at the time of the deceased's death. The plaintiff and the deceased had not cohabited since February 2014, and the financial support provided by the deceased was sporadic and not indicative of a reciprocal duty of support. There was no credible evidence of a tacit or express agreement to support, nor of preparations for marriage. The objective facts, including the deceased's subsequent relationship with another woman and the lack of family recognition of the plaintiff as...

Citation
[2021] ZAECPEHC 43
Parties
Plaintiff: Sisanda Buje; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
17 August 2021
Case Number
3149/2019
Procedural Posture
Civil Trial / Judgment After Trial on Separated Issue
Outcome
Plaintiff's claim in her personal capacity is dismissed with costs.
Judges
Bloem
Legal Topics
Loss of Support, Dependants Action, Duty of Support, Life Partnership, Road Accident Fund Act
Civil Procedure Delict Loss of Support Dependants Action Duty of Support Life Partnership Road Accident Fund Act

Case Brief

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Parties

Sisanda Buje

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment After Trial on Separated Issue

Legal Issues

  1. 1 Whether the plaintiff and the deceased were permanent life partners giving rise to a legal duty of support.
  2. 2 Whether the plaintiff is entitled to compensation for loss of support in her personal capacity under the Road Accident Fund Act.

Ratio Decidendi

The court found that, although the plaintiff and the deceased had a relationship and a child together, the evidence did not establish that they were permanent life partners or that their relationship was akin to marriage at the time of the deceased's death. The plaintiff and the deceased had not cohabited since February 2014, and the financial support provided by the deceased was sporadic and not indicative of a reciprocal duty of support. There was no credible evidence of a tacit or express agreement to support, nor of preparations for marriage. The objective facts, including the deceased's subsequent relationship with another woman and the lack of family recognition of the plaintiff as...

Court Disposition

Plaintiff's claim in her personal capacity is dismissed with costs.

Orders

  • The plaintiff's claim in her personal capacity is dismissed.
  • The plaintiff shall pay the defendant's costs relevant to her personal claim.