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South Africa decisions
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R.S v J.S (A25/2024) [2024] ZAWCHC 154; 2024 (6) SA 609 (WCC) (3 June 2024)
The High Court held that a man who had de facto adopted a foster child remained legally liable to maintain her despite incomplete adoption proceedings.
L.M.M v Road Accident Fund (28602/2017) [2020] ZAGPPHC 63 (18 February 2020)
The High Court held that a customary marriage existed and that the deceased owed a duty of support to the plaintiff and her minor children.
Road Accident Fund v Mohohlo (882/2016) [2017] ZASCA 155; 2018 (2) SA 65 (SCA) (24 November 2017)
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.
Centre for Child Law v NN and Others (32053/2014) [2017] ZAGPPHC 682 (25 October 2017)
High Court recognised de facto adoption for children switched at birth, granting parental responsibilities and rights to their psychological parents and ordering contact and therapy arrangements.
MB v NB (2008/25274) [2009] ZAGPJHC 76; 2010 (3) SA 220 (GSJ) (25 August 2009)
The court found that, although there was no contractual obligation for the defendant to pay S's school fees, his conduct and representations as S's father created a duty of support. The defendant is required to contribute one third of the cost of S's schooling at a day-boy rate for three years, amounting to R100,000, to be paid into a dedicated account for S's education. The plaintiff is to contribute R120,000. Maintenance for the plaintiff is awarded at R5,000 per month for three years, considering her earning potential and capital resources. The accrual entitlement is calculated based on ag…
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