Van der Merwe obo Brandt and Others v Road Accident Fund (2522/2014) [2016] ZAGPPHC 202 (12 April 2016)

Van der Merwe obo Brandt and Others v Road Accident Fund (2522/2014) [2016] ZAGPPHC 202 (12 April 2016)

The court found that the plaintiff failed to prove that the deceased had established a legally enforceable duty to maintain her and her first two children while he was alive. The evidence showed that the plaintiff was financially independent and earned a higher income than the deceased, and the deceased's...

Source-derived case information.

Citation
[2016] ZAGPPHC 202
Parties
Plaintiff: J W Van der Merwe obo H Brandt, P J Joubert & S Joubert; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 April 2016
Case Number
2522/2014
Procedural Posture
Civil Action / Trial
Outcome
Claim dismissed in respect of the plaintiff and her first two children; claim upheld in respect of the minor child H. B.
Judges
Msibi S M
Legal Topics
Loss of Support, Duty to Support, Road Accident Fund Act, Dependants Action
Delict Loss of Support Duty to Support Road Accident Fund Act Dependants Action

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Parties

J W Van der Merwe obo H Brandt, P J Joubert & S Joubert

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Action / Trial

Legal Issues

  1. 1 Which of the plaintiff and her children are entitled to compensation for loss of support from the deceased.
  2. 2 Whether the deceased had established a legally enforceable duty to support the plaintiff and her first two children.
  3. 3 Whether the plaintiff and her three children are entitled to judgment for the claimed sum.

Ratio Decidendi

The court found that the plaintiff failed to prove that the deceased had established a legally enforceable duty to maintain her and her first two children while he was alive. The evidence showed that the plaintiff was financially independent and earned a higher income than the deceased, and the deceased's contributions to the maintenance of the first two children were voluntary and not legally binding. The natural father of the two children was still alive and subject to a maintenance order, which the plaintiff chose not to enforce. The court distinguished the facts from precedent cases where a duty to support was clearly established through dependency and the deceased's conduct....

Court Disposition

Claim dismissed in respect of the plaintiff and her first two children; claim upheld in respect of the minor child H. B.

Orders

  • The defendant is liable to compensate the plaintiff only in respect of the loss of support suffered by the plaintiff in respect of the minor child H. B. as conceded by the defendant.
  • Defendant shall pay the plaintiff the sum of R1,008,347.