Road Accident Fund v Mongalo, Nkabinda v Road Accident Fund (487/01, 495/01) [2002] ZASCA 158; [2003] 1 All SA 72 (SCA); 2003 (3) SA 119 (SCA) (2 December 2002)

Road Accident Fund v Mongalo, Nkabinda v Road Accident Fund (487/01, 495/01) [2002] ZASCA 158; [2003] 1 All SA 72 (SCA); 2003 (3) SA 119 (SCA) (2 December 2002)

The Supreme Court of Appeal held that the statutory provision in s 31(2A) of the Black Laws Amendment Act 76 of 1963, which states that a certificate issued by a Commissioner 'shall be accepted as conclusive proof of the existence of a customary union', does not preclude the admission of evidence that the certificate was obtained by fraud. The Court reasoned that no document in law is wholly unimpeachable, and deliberate deceit in the procurement of a document taints its validity. The Court disclaimed prior statements suggesting that 'conclusive proof' excludes all countervailing evidence, including fraud. In the Nkabinde matter, the Court found that the Fund failed to discharge the...

Citation
[2002] ZASCA 158
Parties
Appellant: Road Accident Fund; Respondent: Mongalo, M E; Appellant: Nkabinde, Palesa Joyce; Respondent: Road Accident Fund
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 December 2002
Case Number
487/01, 495/01
Procedural Posture
Civil Appeal / Appeal From Rulings of the High Court on Admissibility and Effect of Customary Union Certificates in Claims for Loss of Support.
Outcome
Appeals in both matters succeed. In Mongalo, the Fund may lead evidence impugning the certificate on grounds of fraud. In Nkabinde, the Fund is liable for any damages the plaintiff may prove.
Judges
Vivier JA, Olivier JA, Cameron JA, Navsa JA, Mpati JA
Legal Topics
Customary Union Certificates, Fraud in Evidence, Loss of Support Claims, Lobolo, Burden of Proof
Civil Procedure Family and Children Customary Union Certificates Fraud in Evidence Loss of Support Claims Lobolo Burden of Proof

Case Brief

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Parties

Road Accident Fund

Appellant

Mongalo, M E

Respondent

Nkabinde, Palesa Joyce

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From Rulings of the High Court on Admissibility and Effect of Customary Union Certificates in Claims for Loss of Support.

Legal Issues

  1. 1 Does a certificate issued under s 31 of the Black Laws Amendment Act 76 of 1963 constitute conclusive proof of a customary union, or can its validity be impugned on the basis of fraud?
  2. 2 Was the certificate in the Nkabinde matter fraudulently obtained, thereby invalidating the plaintiff's claim for loss of support?
  3. 3 Is the Fund entitled to lead evidence challenging the validity of a customary union certificate on grounds of fraud?

Ratio Decidendi

The Supreme Court of Appeal held that the statutory provision in s 31(2A) of the Black Laws Amendment Act 76 of 1963, which states that a certificate issued by a Commissioner 'shall be accepted as conclusive proof of the existence of a customary union', does not preclude the admission of evidence that the certificate was obtained by fraud. The Court reasoned that no document in law is wholly unimpeachable, and deliberate deceit in the procurement of a document taints its validity. The Court disclaimed prior statements suggesting that 'conclusive proof' excludes all countervailing evidence, including fraud. In the Nkabinde matter, the Court found that the Fund failed to discharge the...

Court Disposition

Appeals in both matters succeed. In Mongalo, the Fund may lead evidence impugning the certificate on grounds of fraud. In Nkabinde, the Fund is liable for any damages the plaintiff may prove.

Orders

  • In Mongalo: The appeal succeeds with costs, including costs of two counsel. The ruling of the Court below is set aside. The defendant is entitled to lead evidence impugning the validity of the plaintiff's certificate in terms of s 31 of Act 76 of 1963 on the basis of fraud. The plaintiff is to pay the costs of the...
  • In Nkabinde: The appeal succeeds with costs. The judgment and order of the court below is set aside. The defendant is liable for any damages the plaintiff may be able to prove. The defendant is to pay the costs of the action.