South Africa Case Law

S.P.M v Road Accident Fund (A81/2024; 4636/2022)

S.P.M v Road Accident Fund (A81/2024; 4636/2022) [2025] ZAMPMBHC 66 (30 July 2025)

Court

Mbombela High Court, Mpumalanga

Case number

A81/2024; 4636/2022

Judges

Ratshibvumo, Bhengu, Ngwenya

The court found that the deceased had voluntarily assumed the duty of support for his mother and minor siblings after the father abandoned the family. The appellant's evidence, corroborated by witnesses and an affidavit, established that she was indigent and dependent on the deceased's contributions. The court held that the absence of formal documentation was not fatal, given the realities of informal employment and the employer's confirmation of the deceased's earnings. The court applied reasonable contingency deductions as per the actuarial report and concluded that the appellant had discha…

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• Loss Of Support
• Duty Of Support
• Road Accident Fund Act
• Contingency Deductions
• Dependants Claim
• Customary Law Application

Londile and Another v Bikwe and Others (1640/2014)

Londile and Another v Bikwe and Others (1640/2014) [2025] ZAECMHC 63 (27 June 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1640/2014

Judge

M Mhambi

The court found that the Commission failed to prove its authority to investigate the claim, as there was no evidence of a properly lodged claim or compliance with the prescribed procedures under Section 21 of the Framework Act. The respondents did not provide the necessary lodgment documents or demonstrate that internal remedies were exhausted before referral to the Commission. Furthermore, the applicants were not afforded adequate notice or a fair hearing, violating the requirements of procedural fairness under PAJA and the Constitution. The Premier's decision was based on misinformation reg…

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• Traditional Leadership Disputes
• Procedural Fairness
• Review Of Administrative Action
• Customary Law Application
• Internal Remedies Exhaustion

Mbalane v Mbalane and Others (02/2025)

Mbalane v Mbalane and Others (02/2025) [2025] ZAECMHC 14 (4 March 2025)

Court

Eastern Cape High Court, Mthatha

Case number

02/2025

Judge

Cengani-Mbakaza

The court found that no customary union existed between the applicant and the first respondent, as evidenced by affidavits and official documentation. The applicant's reliance on the deceased's surname and initiation rituals was insufficient to establish burial rights at the paternal home. The deceased's wishes regarding burial location were not credibly established; the only explicit wishes presented were those of the applicant. The court held that both parents are heirs, but the deceased was cared for by his mother from infancy and laid to rest at her home. The urgency was accepted due to t…

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• Burial Rights
• Customary Law Application
• Urgent Interdict
• Exhumation
• Intestate Succession

Thulare v Thulare and Others In Re: Thulare and Another v Thulare and Others (8767/2021)

Thulare v Thulare and Others In Re: Thulare and Another v Thulare and Others (8767/2021) [2022] ZALMPPHC 53 (19 October 2022)

Court

Limpopo High Court, Polokwane

Case number

8767/2021

Judge

E M Makgoba

The court found that the meeting of 28 February 2021 was the only properly constituted royal family meeting, attended by the requisite immediate and close relatives as required by statute and custom. The decision to appoint Morwamohube Ernest Thulare as Acting King and seed raiser was valid and in accordance with Bapedi tradition, which dictates that in the absence of a candle wife and hereditary successor, the most senior brother is appointed to revive the house. The meetings convened by Manyaku Maria Thulare on 21 February and 9 March 2021 were not properly constituted, attended only by a l…

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• Traditional Leadership Succession
• Customary Law Application
• Royal Family Composition
• Acting Traditional Leader Recognition
• Limpopo Traditional Leadership Act
• Khoi San Leadership Act

Rikhotso v Premier Limpopo Province and Others (943/2017)

Rikhotso v Premier Limpopo Province and Others (943/2017) [2022] ZALMPTHC 6 (9 May 2022)

Court

Limpopo High Court, Thohoyandou

Case number

943/2017

Judge

AML Phatudi

The High Court set aside the removal of a headman and the termination of his salary, holding that the Nsavulani Royal Family had not recommended removal as required by provincial law.

• Traditional Leadership Removal
• Customary Law Application
• Administrative Review
• Limpopo Traditional Leadership Act
• Administrative-review
• Traditional-leadership

Road Accident Fund v Mohohlo (882/2016)

Road Accident Fund v Mohohlo (882/2016) [2017] ZASCA 155; 2018 (2) SA 65 (SCA) (24 November 2017)

Court

Supreme Court of Appeal

Case number

882/2016

Judges

Leach JA, Meyer, Mokgohloa, Makgoka, Rogers AJJA

The SCA held that a de facto mother-child relationship and indigence can justify a dependant’s claim for loss of support, dismissing the RAF’s appeal.

• Loss Of Support
• Duty Of Support
• Customary Law Application
• Ubuntu
• Indigence
• De Facto Adoption

Nxumalo v President of the Republic of South Africa and Others (CCT162/13)

Nxumalo v President of the Republic of South Africa and Others (CCT162/13) [2014] ZACC 27; 2014 (12) BCLR 1457 (CC) (2 October 2014)

Court

Constitutional Court

Case number

CCT 162/13

Judges

Mogoeng, Moseneke, Cameron, Froneman, Jafta, Khampepe, Leeuw, Madlanga, Nkabinde, Van der Westhuizen, Zondo

The Constitutional Court held that the President acted unlawfully by purporting to decide the applicant's claim under the new Act, when the Framework Act required him only to implement the Commission's decision. The principle from Sigcau applied: a functionary must act under the correct empowering statute. The High Court erred in not upholding the applicant's contention that the President should have acted under the Framework Act. However, the Court found no merit in the applicant's challenge to the Commission's decision. The Commission, as a specialist body, had reasonably found that the ama…

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• Traditional Leadership Disputes
• Judicial Review Of Administrative Action
• Customary Law Application
• Presidential Powers
• Specialist Tribunal Deference

Ramonare v Molly's Funeral Parlour and Another (4277/09)

Ramonare v Molly's Funeral Parlour and Another (4277/09) [2009] ZAFSHC 83 (10 September 2009)

Court

Free State High Court, Bloemfontein

Case number

4277/09

Judge

Lekale

A South African High Court held that the deceased died partly intestate, so the surviving spouse shared heirship and was entitled to bury him.

• Right To Bury
• Intestate Succession
• Testamentary Interpretation
• Customary Law Application
• Right-to-bury
• Intestate-succession

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)

Court

Western Cape High Court, Cape Town

Case number

1934/2005

Judge

Dlodlo

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…

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• Duty Of Support
• Loss Of Maintenance
• Customary Law Application
• Road Accident Fund Liability
• Indigency
• Constitutional Recognition Of Customary Law

Amahlubi Tribal Authority and Another v Premier, North-West Province and Others (233/99)

Amahlubi Tribal Authority and Another v Premier, North-West Province and Others (233/99) [2001] ZANWHC 33 (28 June 2001)

Court

North West High Court, Mafikeng

Case number

233/99

Judge

Nkabinde

The court found that the appointment of the second plaintiff as headman for Welverdiend by the Chief of the Amahlubi Tribe was invalid, as it did not comply with the statutory requirement of confirmation by the Premier under section 36(3) of the Bophuthatswana Traditional Authorities Act. The evidence showed that Welverdiend is populated by diverse ethnic groups and was incorporated into the Amahlubi Tribal area through legislation, not by voluntary allegiance. The customs of the Amahlubi Tribe do not necessarily apply to the Welverdiend community, and the legislature did not intend to depriv…

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• Traditional Leadership
• Customary Law Application
• Minority Rights
• Appointment Of Headman
• Community Authority
• Constitutional Equality