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…

Source excerpt

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

Letaoana v Road Accident Fund (2014/40055)

Letaoana v Road Accident Fund (2014/40055) [2025] ZAGPJHC 404 (23 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2014/40055

Judge

D Marais

The court found that the plaintiff had proven the existence of a customary marriage with the deceased in accordance with section 3 of the Recognition of Customary Marriages Act. The defendant did not dispute the conclusion of the marriage during trial and failed to plead or prove the existence of a prior civil marriage that would invalidate the customary marriage. Even if the marriage was invalid, the facts established a binding agreement to support, entitling the plaintiff to claim for loss of support. The boni mores did not require invalidation of the support agreement, as the plaintiff act…

Source excerpt

• Recognition Of Customary Marriages Act
• Duty Of Support
• Loss Of Support
• Pleading Requirements
• Civil Union Act
• Contra Bonos Mores

C.W.L v N.D.L (24232/2020)

C.W.L v N.D.L (24232/2020) [2025] ZAGPPHC 67 (17 January 2025)

Court

North Gauteng High Court, Pretoria

Case number

24232/2020

Judge

Joyini

The court found that the applicant is in genuine need of a contribution towards her legal costs, having incurred substantial debts to fund her litigation. The respondent, with a net estate of R11 million, has the financial means to contribute. The respondent's engagement of Senior Counsel raised the scale of litigation, necessitating intervention to ensure both parties litigate on an equal footing. The principle of 'Equality of Arms' and the duty of support between spouses require the respondent to assist the applicant in securing adequate legal representation. The court considered both curre…

Source excerpt

• Rule 43 Contribution
• Equality Of Arms
• Duty Of Support
• Legal Costs In Divorce
• Constitutional Rights
• Financial Disparity

Drude v Road Accident Fund (1127/2023)

Drude v Road Accident Fund (1127/2023) [2024] ZAFSHC 397 (12 December 2024)

Court

Free State High Court, Bloemfontein

Case number

1127/2023

Judge

JP Daffue

The court awarded the plaintiff R652,109 for past and future loss of support after finding her deceased son had supported her, but dismissed funeral expenses.

• Loss Of Support
• Contingency Deductions
• Dependants Action
• Duty Of Support
• Evidence By Affidavit
• Loss-of-support

R.S v J.S (A25/2024)

R.S v J.S (A25/2024) [2024] ZAWCHC 154; 2024 (6) SA 609 (WCC) (3 June 2024)

Court

Western Cape High Court, Cape Town

Case number

A25/2024

Judges

Lekhuleni, Bishop

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.

• Maintenance Of Foster Child
• De Facto Adoption
• Best Interests Of Child
• Duty Of Support
• Children S Act
• Constitutional Rights Of Children

Lina v Road Accident Fund (3311/2020)

Lina v Road Accident Fund (3311/2020) [2024] ZALMPPHC 40 (26 April 2024)

Court

Limpopo High Court, Polokwane

Case number

3311/2020

Judge

Kganyago

The High Court held that the deceased owed his indigent mother a duty of support and had been supporting her at the time of his death.

• Loss Of Support
• Duty Of Support
• Dependants Action
• Customary Law Maintenance
• Loss-of-support
• Duty-of-support

L.C.W and Others v Road Accident Fund (2019/15424)

L.C.W and Others v Road Accident Fund (2019/15424) [2024] ZAGPJHC 348 (9 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2019/15424

Judge

Siwendu

High Court damages judgment on loss of support against the RAF, fixing the deceased’s probable income at R85,000 per month and applying contingency deductions.

• Loss Of Support
• Quantification Of Damages
• Contingency Deductions
• Maintenance Act
• Duty Of Support
• Remarriage Contingency

T.C v B.C (21300/2022)

T.C v B.C (21300/2022) [2024] ZAGPJHC 48 (25 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21300/2022

Judge

Mahomed

The court found that the applicant demonstrated a need for interim maintenance and a contribution toward legal costs. She was forced out of the marital home, has no income, and cannot afford legal representation or contact with her children. The respondent failed to provide sufficient financial disclosure and continues to live comfortably in the matrimonial home, with access to funds for litigation. The parties' joint estate and the applicant's right to dignity and support as a spouse in community of property were emphasised. The respondent's claims of indebtedness and inability to pay were n…

Source excerpt

• Interim Maintenance
• Contribution To Legal Costs
• Rule 43 Application
• Duty Of Support
• Equality Before Law

L.S.P.v R.S.P (2014/2941)

L.S.P.v R.S.P (2014/2941) [2023] ZAGPJHC 1281 (9 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2014/2941

Judge

Thupaatlase

Rule 43 divorce application for contribution to legal costs granted, with counterclaim dismissed and attorney-and-client costs awarded.

• Contribution To Costs
• Rule 43 Applications
• Maintenance
• Duty Of Support
• Access To Court
• Rule-43

A.C.J and Another v Road Accident Fund (54532/2016)

A.C.J and Another v Road Accident Fund (54532/2016) [2023] ZAGPPHC 1802 (20 October 2023)

Court

North Gauteng High Court, Pretoria

Case number

54532/2016

Judge

E van der Schyff

The High Court held the Road Accident Fund liable for a minor’s loss of support where the deceased had assumed responsibility and intended to adopt the child.

• Loss Of Support
• Duty Of Support
• Adoption
• Protective Care
• Road Accident Fund Liability
• Loss-of-support