Santam Bpk. v Henery (333/97) [1999] ZASCA 5; 1999 (3) SA 421 (SCA); [1999] 2 All SA 312 (A) (20 March 1999)

Santam Bpk. v Henery (333/97) [1999] ZASCA 5; 1999 (3) SA 421 (SCA); [1999] 2 All SA 312 (A) (20 March 1999)

The Supreme Court of Appeal held that a divorced woman with a maintenance order in her favour qualifies as a dependant for purposes of the dependants' action for wrongful death. The statutory right to maintenance is a product of legal development and reflects the community's sense of justice and fairness. There is no principled reason to distinguish her claim from that of other dependants, and the source of the maintenance obligation—whether common law or statutory—is immaterial. The maintenance order determines the quantum of her claim but does not restrict her right to claim damages for loss of maintenance. The court rejected arguments that extending liability would create unacceptable...

Citation
[1999] ZASCA 5
Parties
Appellant: Santam Beperk; Respondent: Margarita Anne Henery
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 March 1999
Case Number
333/97
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division; Cross Appeal on Alternative Claims
Outcome
Appeal dismissed with costs, including costs of two counsel; cross-appeal abandoned and dismissed with costs.
Judges
Nienaber, Hefer, Vivier, Plewman, Streicher
Legal Topics
Dependants Action, Maintenance Order, Pure Economic Loss, Wrongful Death, Statutory Maintenance, Scope of Delictual Liability
Delict Family and Children Dependants Action Maintenance Order Pure Economic Loss Wrongful Death Statutory Maintenance Scope of Delictual Liability

Case Brief

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Parties

Santam Beperk

Appellant

Margarita Anne Henery

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division; Cross Appeal on Alternative Claims

Legal Issues

  1. 1 Whether a divorced woman with a maintenance order in her favour qualifies as a dependant entitled to claim damages for loss of maintenance following the wrongful death of her former husband.
  2. 2 Whether continued cohabitation and support beyond the maintenance order entitles a divorced woman to claim damages exceeding the maintenance order.
  3. 3 Whether a contractual agreement to provide maintenance after divorce creates a separate actionable right against a third-party insurer for wrongful death.

Ratio Decidendi

The Supreme Court of Appeal held that a divorced woman with a maintenance order in her favour qualifies as a dependant for purposes of the dependants' action for wrongful death. The statutory right to maintenance is a product of legal development and reflects the community's sense of justice and fairness. There is no principled reason to distinguish her claim from that of other dependants, and the source of the maintenance obligation—whether common law or statutory—is immaterial. The maintenance order determines the quantum of her claim but does not restrict her right to claim damages for loss of maintenance. The court rejected arguments that extending liability would create unacceptable...

Court Disposition

Appeal dismissed with costs, including costs of two counsel; cross-appeal abandoned and dismissed with costs.

Orders

  • The appeal is dismissed with costs, including the costs of two advocates.
  • The cross-appeal is dismissed with costs.