Verheem v Road Accident Fund (19026/08) [2010] ZAGPPHC 282; 2012 (2) SA 409 (GNP) (25 November 2010)

Verheem v Road Accident Fund (19026/08) [2010] ZAGPPHC 282; 2012 (2) SA 409 (GNP) (25 November 2010)

The court found that the plaintiff and the deceased lived together as man and wife in a permanent life partnership for over thirteen years, raising children together and sharing household responsibilities. The deceased undertook a binding duty of support towards the plaintiff, which was not merely an informal arrangement but a legally enforceable contract. The relationship was publicly recognized as akin to marriage, and the plaintiff was entirely dependent on the deceased for support. The court distinguished the facts from Susara Meyer v RAF, noting that the parties intended to marry and that their conduct established a permanent life partnership with reciprocal duties of support. In...

Citation
[2010] ZAGPPHC 282
Parties
Plaintiff: Belinda Verheem; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
25 November 2010
Case Number
19026/08
Procedural Posture
Civil Trial / Determination of Locus Standi Under Rule 33(4)
Outcome
Plaintiff declared to have locus standi to claim for loss of support from the defendant. Defendant ordered to pay plaintiff's costs, including costs of two counsel.
Judges
Goodey
Legal Topics
Loss of Support, Locus Standi, Road Accident Fund Act, Permanent Life Partnership, Duty of Support
Delict Civil Procedure Loss of Support Locus Standi Road Accident Fund Act Permanent Life Partnership Duty of Support

Case Brief

Summary, issues, holding and outcome

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Parties

Belinda Verheem

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Determination of Locus Standi Under Rule 33(4)

Legal Issues

  1. 1 Whether the plaintiff, as a permanent life partner, has locus standi to claim loss of support from the Road Accident Fund.
  2. 2 Whether the relationship between the plaintiff and the deceased creates a legally enforceable duty of support worthy of protection under the law.
  3. 3 Whether the plaintiff's claim is distinguishable from previous cases denying claims by unmarried heterosexual partners.

Ratio Decidendi

The court found that the plaintiff and the deceased lived together as man and wife in a permanent life partnership for over thirteen years, raising children together and sharing household responsibilities. The deceased undertook a binding duty of support towards the plaintiff, which was not merely an informal arrangement but a legally enforceable contract. The relationship was publicly recognized as akin to marriage, and the plaintiff was entirely dependent on the deceased for support. The court distinguished the facts from Susara Meyer v RAF, noting that the parties intended to marry and that their conduct established a permanent life partnership with reciprocal duties of support. In...

Court Disposition

Plaintiff declared to have locus standi to claim for loss of support from the defendant. Defendant ordered to pay plaintiff's costs, including costs of two counsel.

Orders

  • It is declared that the Plaintiff has the necessary locus standi to claim an amount for loss of support from the Defendant.
  • The Defendant is ordered to pay Plaintiff's costs including the costs of two counsel.