Road Accident Fund v Mohohlo (882/2016) [2017] ZASCA 155; 2018 (2) SA 65 (SCA) (24 November 2017)

Road Accident Fund v Mohohlo (882/2016) [2017] ZASCA 155; 2018 (2) SA 65 (SCA) (24 November 2017)

The Supreme Court of Appeal held that, although the common law does not recognise a duty of support between an aunt and nephew based solely on blood relationship, the respondent's de facto adoption of the deceased and the cultural practices involved established a relationship akin to that of mother and child. The court found that the legal convictions of the community, constitutional values such as ubuntu, and the respondent's indigence justified the recognition of a reciprocal duty of support. The respondent's financial circumstances were sufficiently indigent to enforce the duty, and the support previously provided by the deceased covered her basic needs and dignity. The court rejected...

Citation
[2017] ZASCA 155
Parties
Appellant: Road Accident Fund; Respondent: Rebecca Mohohlo
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 November 2017
Case Number
882/2016
Procedural Posture
Civil Appeal / Appeal From the Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs.
Judges
Leach JA, Meyer, Mokgohloa, Makgoka, Rogers AJJA
Legal Topics
Loss of Support, Duty of Support, Customary Law Application, Ubuntu, Indigence, De Facto Adoption
Delict Family and Children Loss of Support Duty of Support Customary Law Application Ubuntu Indigence De Facto Adoption

Case Brief

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Parties

Road Accident Fund

Appellant

Rebecca Mohohlo

Respondent

Procedural Posture

Civil Appeal / Appeal From the Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the respondent, as the aunt of the deceased, is entitled to claim damages for loss of support following his death.
  2. 2 Whether a de facto adoption and cultural practices can establish a legal duty of support beyond the second degree of consanguinity.
  3. 3 Whether the respondent's financial circumstances are sufficiently indigent to enforce the duty of support.

Ratio Decidendi

The Supreme Court of Appeal held that, although the common law does not recognise a duty of support between an aunt and nephew based solely on blood relationship, the respondent's de facto adoption of the deceased and the cultural practices involved established a relationship akin to that of mother and child. The court found that the legal convictions of the community, constitutional values such as ubuntu, and the respondent's indigence justified the recognition of a reciprocal duty of support. The respondent's financial circumstances were sufficiently indigent to enforce the duty, and the support previously provided by the deceased covered her basic needs and dignity. The court rejected...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.