S.P.M v Road Accident Fund (A81/2024; 4636/2022) [2025] ZAMPMBHC 66 (30 July 2025)

S.P.M v Road Accident Fund (A81/2024; 4636/2022) [2025] ZAMPMBHC 66 (30 July 2025)

The court found that the deceased had voluntarily assumed the duty of support for his mother and minor siblings after the father abandoned the family. The appellant's evidence, corroborated by witnesses and an affidavit, established that she was indigent and dependent on the deceased's contributions. The court held that the absence of formal documentation was not fatal, given the realities of informal employment and the employer's confirmation of the deceased's earnings. The court applied reasonable contingency deductions as per the actuarial report and concluded that the appellant had discharged her onus of proof. The appeal was allowed, and the respondent was ordered to pay proven...

Citation
[2025] ZAMPMBHC 66
Parties
Appellant: S[...] P[...] M[...]; Respondent: Road Accident Fund
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
30 July 2025
Case Number
A81/2024; 4636/2022
Procedural Posture
Civil Appeal / Appeal Against Absolution From the Instance; Judgment Delivered
Outcome
Appeal allowed with costs; order of absolution from the instance set aside; respondent ordered to pay proven damages for loss of support.
Judges
Ratshibvumo, Bhengu, Ngwenya
Legal Topics
Loss of Support, Duty of Support, Road Accident Fund Act, Contingency Deductions, Dependants Claim, Customary Law Application
Delict Civil Procedure Family and Children Loss of Support Duty of Support Road Accident Fund Act Contingency Deductions Dependants Claim +1 more

Case Brief

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Parties

S[...] P[...] M[...]

Appellant

Road Accident Fund

Respondent

Procedural Posture

Civil Appeal / Appeal Against Absolution From the Instance; Judgment Delivered

Legal Issues

  1. 1 Whether the deceased had a legal duty to support the appellant and his minor siblings.
  2. 2 Whether the appellant discharged her onus in proving the deceased's income.
  3. 3 The appropriate contingency deduction applicable to the loss of support calculation.

Ratio Decidendi

The court found that the deceased had voluntarily assumed the duty of support for his mother and minor siblings after the father abandoned the family. The appellant's evidence, corroborated by witnesses and an affidavit, established that she was indigent and dependent on the deceased's contributions. The court held that the absence of formal documentation was not fatal, given the realities of informal employment and the employer's confirmation of the deceased's earnings. The court applied reasonable contingency deductions as per the actuarial report and concluded that the appellant had discharged her onus of proof. The appeal was allowed, and the respondent was ordered to pay proven...

Court Disposition

Appeal allowed with costs; order of absolution from the instance set aside; respondent ordered to pay proven damages for loss of support.

Orders

  • The appeal is allowed with costs.
  • The order of the court a quo is set aside and replaced with an order that the respondent shall pay 100% of the appellant’s proven damages.