Septoo obo Septoo and Another v Road Accident Fund (058/2017) [2017] ZASCA 164 (29 November 2017)

Septoo obo Septoo and Another v Road Accident Fund (058/2017) [2017] ZASCA 164 (29 November 2017)

The Supreme Court of Appeal held that dependants of a deceased breadwinner who was solely negligent in causing a motor vehicle accident cannot claim compensation for loss of support from the Road Accident Fund under the Road Accident Fund Act 56 of 1996. The Act codifies the common law position, which requires wrongfulness for liability to arise. Compensation for loss of support is only available where the breadwinner is unlawfully killed by another person, not where the deceased was solely responsible for his own death. The court rejected the appellant's argument to develop the common law, finding no basis for such development and noting that the essential element of wrongfulness cannot...

Citation
[2017] ZASCA 164
Parties
Appellant: Chinaz Septoo obo J M Septoo & M Septoo; Respondent: Road Accident Fund
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 2017
Case Number
058/2017
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Local Division of the High Court, Port Elizabeth
Outcome
Appeal dismissed. Each party to pay its own costs.
Judges
Tshiqi, Majiedt, Mocumie, Mbatha, Rogers
Legal Topics
Loss of Support, Road Accident Fund Act, Wrongfulness, Dependants Action, Development of Common Law
Delict Loss of Support Road Accident Fund Act Wrongfulness Dependants Action Development of Common Law

Case Brief

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Parties

Chinaz Septoo obo J M Septoo & M Septoo

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Local Division of the High Court, Port Elizabeth

Legal Issues

  1. 1 Whether dependants of a deceased breadwinner who was solely negligent in causing a motor vehicle accident can claim compensation for loss of support from the Road Accident Fund under the Road Accident Fund Act 56 of 1996.
  2. 2 Whether the common law should be developed to allow such claims against the Road Accident Fund.

Ratio Decidendi

The Supreme Court of Appeal held that dependants of a deceased breadwinner who was solely negligent in causing a motor vehicle accident cannot claim compensation for loss of support from the Road Accident Fund under the Road Accident Fund Act 56 of 1996. The Act codifies the common law position, which requires wrongfulness for liability to arise. Compensation for loss of support is only available where the breadwinner is unlawfully killed by another person, not where the deceased was solely responsible for his own death. The court rejected the appellant's argument to develop the common law, finding no basis for such development and noting that the essential element of wrongfulness cannot...

Court Disposition

Appeal dismissed. Each party to pay its own costs.

Orders

  • The appeal is dismissed.
  • Each party shall pay its own costs in the appeal.