Lisene and Another v Road Accident Fund (4163/2021) [2023] ZAFSHC 171 (15 May 2023)

Lisene and Another v Road Accident Fund (4163/2021) [2023] ZAFSHC 171 (15 May 2023)

The court found that under Mosotho custom, a son who becomes employed is obliged to support his mother, and this is consistent with common law principles and contractual undertakings. The First Plaintiff provided credible evidence that the deceased contributed regularly to her maintenance through groceries and cash, and that she was dependent on his support for her necessities. The court accepted that the deceased had a duty to support the First Plaintiff and did in fact support her. The First Plaintiff's own earnings and state pension were insufficient to meet her needs, and she remains in need of support. The quantum of her loss will be determined by actuarial calculation. The court...

Citation
[2023] ZAFSHC 171
Parties
Plaintiff: Blandina Masankoela Lisene; Plaintiff: Letshego Precious Pearl Motsie; Defendant: Road Accident Fund
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 May 2023
Case Number
4163/2021
Procedural Posture
Civil Trial / Merits Determination; Quantum Reserved for Actuarial Calculation
Outcome
The court found that the deceased had a duty to support, and did support, the First Plaintiff, who suffered past and future loss of support. The quantum of loss is to be determined by actuarial calculation.
Judges
Cronjé, AJ
Legal Topics
Loss of Support, Duty of Support, Customary Law Dependence, Quantum of Damages
Delict Family and Children Loss of Support Duty of Support Customary Law Dependence Quantum of Damages

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Parties

Blandina Masankoela Lisene

Plaintiff

Letshego Precious Pearl Motsie

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Merits Determination; Quantum Reserved for Actuarial Calculation

Legal Issues

  1. 1 Whether the deceased owed a duty of support to the First Plaintiff under Mosotho custom and/or contractually.
  2. 2 Whether the deceased in fact supported the First Plaintiff prior to his death.
  3. 3 Whether the First Plaintiff is in need of support following the deceased's death.

Ratio Decidendi

The court found that under Mosotho custom, a son who becomes employed is obliged to support his mother, and this is consistent with common law principles and contractual undertakings. The First Plaintiff provided credible evidence that the deceased contributed regularly to her maintenance through groceries and cash, and that she was dependent on his support for her necessities. The court accepted that the deceased had a duty to support the First Plaintiff and did in fact support her. The First Plaintiff's own earnings and state pension were insufficient to meet her needs, and she remains in need of support. The quantum of her loss will be determined by actuarial calculation. The court...

Court Disposition

The court found that the deceased had a duty to support, and did support, the First Plaintiff, who suffered past and future loss of support. The quantum of loss is to be determined by actuarial calculation.

Orders

  • The deceased, Ntsebane Lisene, had a duty to support, and in fact supported, the First Plaintiff, resulting in her suffering past and future loss of support.
  • The First Plaintiff's claim for past and future loss of support is referred to Munroe Actuaries for calculation within twenty days of this order.