Makhuvela obo H v Road Accident Fund (2007/19277) [2009] ZAGPJHC 18; 2010 (1) SA 29 (GSJ) (26 May 2009)

Makhuvela obo H v Road Accident Fund (2007/19277) [2009] ZAGPJHC 18; 2010 (1) SA 29 (GSJ) (26 May 2009)

The foster child grant is paid to the foster parent, not the child, and is intended to enable the foster parent to fulfil constitutional and statutory obligations to the child. The child does not have a direct claim to the grant, and its purpose is to realise constitutional rights through the intervention of the foster parent. The grant is financed by public funds, as is the Road Accident Fund, but the grant is not a benefit accruing from the delict nor is it directly compensatory for the loss suffered due to the accident. It is therefore considered res inter alios acta and should not be deducted from the damages awarded for loss of support. Deducting the grant would undermine the...

Citation
[2009] ZAGPJHC 18
Parties
Plaintiff: Makhuvela, NA on behalf of B H; Defendant: The Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 May 2009
Case Number
2007/19277
Procedural Posture
Civil Action / Trial
Outcome
Judgment for the plaintiff; the foster child grant is not deductible from the damages for loss of support.
Judges
Malan
Legal Topics
Loss of Support, Double Compensation, Social Assistance Act, Road Accident Fund, Res Inter Alios Acta
Delict Civil Procedure Loss of Support Double Compensation Social Assistance Act Road Accident Fund Res Inter Alios Acta

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Parties

Makhuvela, NA on behalf of B H

Plaintiff

The Road Accident Fund

Defendant

Procedural Posture

Civil Action / Trial

Legal Issues

  1. 1 Should the foster child grant received by the child's grandmother be deducted from the damages awarded for loss of support?
  2. 2 Is the foster child grant considered res inter alios acta in the context of delictual damages claims against the Road Accident Fund?

Ratio Decidendi

The foster child grant is paid to the foster parent, not the child, and is intended to enable the foster parent to fulfil constitutional and statutory obligations to the child. The child does not have a direct claim to the grant, and its purpose is to realise constitutional rights through the intervention of the foster parent. The grant is financed by public funds, as is the Road Accident Fund, but the grant is not a benefit accruing from the delict nor is it directly compensatory for the loss suffered due to the accident. It is therefore considered res inter alios acta and should not be deducted from the damages awarded for loss of support. Deducting the grant would undermine the...

Court Disposition

Judgment for the plaintiff; the foster child grant is not deductible from the damages for loss of support.

Orders

  • The defendant is ordered to pay the amount of R 260,720.65 to the plaintiff with interest at 15.5% per annum from the date of judgment and costs of suit.
  • The said amount and interest is to be paid to the plaintiff's attorneys in trust for a trust to be formed on behalf of the child, the terms of which must be approved by a judge in chambers.