Fosi v Road Accident Fund (1934/2005)
Fosi v Road Accident Fund (1934/2005) [2007] ZAWCHC 8; 2008 (3) SA 560 (C); (21 February 2007)
The court found that the plaintiff was indigent and depended on her deceased son's monthly financial support for basic necessities. The evidence established that the deceased had a legal duty to maintain his mother under both common law and African customary law. The court held that customary law is constitutionally recognized and must be applied where appropriate, and that the Road Accident Fund is liable for the loss of maintenance suffered by the plaintiff due to the wrongful death of her son. The plaintiff's own income and sporadic support from other sources were insufficient to meet her…
Source excerpt
- Duty Of Support
- Loss Of Maintenance
- Customary Law Application
- Road Accident Fund Liability
- Indigency
- Constitutional Recognition Of Customary Law