Tekete and Others v Minister of Safety and Security (8042/2007) [2024] ZAWCHC 143 (7 May 2024)

Tekete and Others v Minister of Safety and Security (8042/2007) [2024] ZAWCHC 143 (7 May 2024)

The court found, on a balance of probabilities, that the deceased's income at the time of death was R41,500 per annum, with a probable career trajectory progressing to R150,000 per annum at current values and R218,000 per annum at age 45, with retirement at 65. The deceased was the breadwinner, and one-half of his income should be allocated to the first plaintiff and one-quarter each to the second and third plaintiffs. The first plaintiff's income at the time of death was accepted as R1,350 per month. The dependency age for the second and third plaintiffs was set at 18 years, as there was insufficient evidence to justify a higher age. No remarriage contingency was applied, given the first...

Citation
[2024] ZAWCHC 143
Parties
Plaintiff: Nosisana Mercy Tekete; Plaintiff: Ntombizodwa Jennete Varoyi; Plaintiff: Tshephiso James Tekete; Defendant: Minister of Safety and Security
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
7 May 2024
Case Number
8042/2007
Procedural Posture
Civil Trial / Quantum Determination Following Liability Judgment
Outcome
The matter is adjourned sine die for actuarial calculation of the plaintiffs' loss of support, with costs reserved for later determination.
Judges
Andrews AJ
Legal Topics
Loss of Support, Quantum of Damages, Contingency Deductions, Dependency Age, Remarriage Contingency
Delict Civil Procedure Loss of Support Quantum of Damages Contingency Deductions Dependency Age Remarriage Contingency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Nosisana Mercy Tekete

Plaintiff

Ntombizodwa Jennete Varoyi

Plaintiff

Tshephiso James Tekete

Plaintiff

Minister of Safety and Security

Defendant

Procedural Posture

Civil Trial / Quantum Determination Following Liability Judgment

Legal Issues

  1. 1 What is the appropriate quantum of damages for loss of support suffered by the plaintiffs as a result of the deceased's death.
  2. 2 What income and career trajectory should be attributed to the deceased for purposes of calculating loss of support.
  3. 3 What portion of the deceased's income should be allocated to each plaintiff.

Ratio Decidendi

The court found, on a balance of probabilities, that the deceased's income at the time of death was R41,500 per annum, with a probable career trajectory progressing to R150,000 per annum at current values and R218,000 per annum at age 45, with retirement at 65. The deceased was the breadwinner, and one-half of his income should be allocated to the first plaintiff and one-quarter each to the second and third plaintiffs. The first plaintiff's income at the time of death was accepted as R1,350 per month. The dependency age for the second and third plaintiffs was set at 18 years, as there was insufficient evidence to justify a higher age. No remarriage contingency was applied, given the first...

Court Disposition

The matter is adjourned sine die for actuarial calculation of the plaintiffs' loss of support, with costs reserved for later determination.

Orders

  • The matter is adjourned sine die.
  • The parties are directed to instruct ARCH Actuarial Consulting CC to calculate the loss of support for the first, second, and third plaintiffs on specified terms regarding dependency, income, career path, and contingencies.