Paixao and Another v Road Accident Fund (640/11) [2012] ZASCA 130; [2012] 4 All SA 262 (SCA); 2012 (6) SA 377 (SCA) (26 September 2012)

Paixao and Another v Road Accident Fund (640/11) [2012] ZASCA 130; [2012] 4 All SA 262 (SCA); 2012 (6) SA 377 (SCA) (26 September 2012)

The Supreme Court of Appeal held that the evidence established a tacit reciprocal duty of support between the deceased and the appellants, arising from a committed, permanent life partnership akin to marriage. The deceased undertook to support and maintain Mrs Paixão and her children, and this obligation was not merely moral but legally enforceable. The court found that the dependants’ action should be extended to unmarried persons in heterosexual relationships who have established a contractual reciprocal duty of support. The incremental development of the common law was justified by the evolving social fabric and constitutional values of equality and dignity. The court rejected the...

Citation
[2012] ZASCA 130
Parties
Appellant: Maria Angelina Paixão; Appellant: Michelle Orlanda Santos Paixão; Respondent: Road Accident Fund
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 September 2012
Case Number
640/11
Procedural Posture
Civil Appeal / Appeal From South Gauteng High Court, Johannesburg
Outcome
Appeal upheld; decision of the High Court set aside and replaced with orders in favour of the appellants.
Judges
Mthiyane, Cachalia, Tshiqi, Petse, Southwood
Legal Topics
Dependants Action, Reciprocal Duty of Support, Permanent Heterosexual Life Partnership, Road Accident Fund Act, Development of Common Law
Delict Family and Children Dependants Action Reciprocal Duty of Support Permanent Heterosexual Life Partnership Road Accident Fund Act Development of Common Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Maria Angelina Paixão

Appellant

Michelle Orlanda Santos Paixão

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From South Gauteng High Court, Johannesburg

Legal Issues

  1. 1 Whether the common law should be developed to extend the dependants’ action to permanent heterosexual life partnerships.
  2. 2 Whether a reciprocal duty of support was established by tacit agreement between the deceased and the appellants.
  3. 3 Whether the obligations arising from such a relationship are worthy of legal protection.

Ratio Decidendi

The Supreme Court of Appeal held that the evidence established a tacit reciprocal duty of support between the deceased and the appellants, arising from a committed, permanent life partnership akin to marriage. The deceased undertook to support and maintain Mrs Paixão and her children, and this obligation was not merely moral but legally enforceable. The court found that the dependants’ action should be extended to unmarried persons in heterosexual relationships who have established a contractual reciprocal duty of support. The incremental development of the common law was justified by the evolving social fabric and constitutional values of equality and dignity. The court rejected the...

Court Disposition

Appeal upheld; decision of the High Court set aside and replaced with orders in favour of the appellants.

Orders

  • The respondent is ordered to pay to the first appellant the sum of R1,707,612.
  • The respondent is ordered to pay the second appellant the sum of R451,626.