Nzame and Another v Minister of Safety and Security (9689/94) [2008] ZAKZHC 91 (25 September 2008)

Nzame and Another v Minister of Safety and Security (9689/94) [2008] ZAKZHC 91 (25 September 2008)

The court found that the second plaintiff's income was insufficient to cover the reasonable necessities of life for herself and her dependants. The evidence established that she relied on financial support from her deceased son, and his death deprived her of such support. The court rejected the defendant's argument that only parents in extreme need or abject poverty could claim, holding that the common law and constitutional standards require only that the claimant's income is inadequate for basic necessities, not complete destitution. The second plaintiff's testimony was accepted as honest and credible, and her legal duty to support her daughter and grandchildren was considered a charge...

Citation
[2008] ZAKZHC 91
Parties
Plaintiff: Lindiwe Nzame; Plaintiff: Buziwe Gladys Nyanda; Defendant: Minister of Safety and Security
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
25 September 2008
Case Number
9689/94
Procedural Posture
Civil Trial / Determination of Indigency and Entitlement to Loss of Support
Outcome
The court found in favour of the second plaintiff, holding that she is indigent and entitled to compensation for loss of support arising from the wrongful death of her son.
Judges
Theron
Legal Topics
Loss of Support, Wrongful Death, Indigency, Duty of Support
Delict Family and Children Loss of Support Wrongful Death Indigency Duty of Support

Case Brief

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Parties

Lindiwe Nzame

Plaintiff

Buziwe Gladys Nyanda

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Determination of Indigency and Entitlement to Loss of Support

Legal Issues

  1. 1 Whether the second plaintiff is indigent and entitled to claim damages for loss of support arising from the wrongful death of her son.
  2. 2 What is the correct legal test for indigency in the context of a parent's claim for loss of support.
  3. 3 Whether the second plaintiff's evidence establishes indigency as required by law.

Ratio Decidendi

The court found that the second plaintiff's income was insufficient to cover the reasonable necessities of life for herself and her dependants. The evidence established that she relied on financial support from her deceased son, and his death deprived her of such support. The court rejected the defendant's argument that only parents in extreme need or abject poverty could claim, holding that the common law and constitutional standards require only that the claimant's income is inadequate for basic necessities, not complete destitution. The second plaintiff's testimony was accepted as honest and credible, and her legal duty to support her daughter and grandchildren was considered a charge...

Court Disposition

The court found in favour of the second plaintiff, holding that she is indigent and entitled to compensation for loss of support arising from the wrongful death of her son.

Orders

  • The defendant is liable to compensate the plaintiffs for such damages as they are able to prove.
  • The defendant is directed to pay the costs incurred in respect of the determination of the issue of indigency.