Chitima v Road Accident Fund (18996/2011)
Chitima v Road Accident Fund (18996/2011) [2011] ZAWCHC 488; [2012] 2 All SA 632 (WCC) (15 December 2011)
The court held that although the applicant's customary marriage in Zimbabwe was unregistered and not recognised as a valid marriage under Zimbabwean law, both Zimbabwean and South African law recognise the duty of support arising from such unions for certain civil purposes. South African law, in particular, provides broader statutory recognition of customary unions and does not preclude loss of support claims based on such relationships. The duty of support is a personal consequence of the marriage and is governed by the law of the parties' domicile at the time of the accident, which is recog…
Source excerpt
- Loss Of Support
- Customary Marriage Recognition
- Conflict Of Laws
- Road Accident Fund Act
- Duty Of Support
- Alien Rights