South Africa Case Law

Delport v Road Accident Fund (16825/2016)

Delport v Road Accident Fund (16825/2016) [2020] ZAGPPHC 213 (24 April 2020)

Court

North Gauteng High Court, Pretoria

Case number

16825/2016

Judge

Collis

The court found that the plaintiff and the deceased were engaged, cohabited as a family, and shared household responsibilities and expenses, with the deceased acting as the breadwinner. The evidence established a reciprocal duty of support akin to that in a marriage, supported by acceptance from both families and plans for a formal union. The court held that the plaintiff discharged her onus to prove a legally enforceable duty of support, entitling her to protection as a dependent under the Road Accident Fund Act and section 9 of the Constitution. The defendant was found liable for the plaint…

Source excerpt

• Loss Of Support
• Duty To Support
• Cohabitation Rights
• Road Accident Fund Act
• Constitutional Equality

H.M.S v T.S (66405/2013)

H.M.S v T.S (66405/2013) [2017] ZAGPPHC 48 (8 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

66405/2013

Judge

D B Tshabalala

The court found that the applicant had established a prima facie case for contribution to costs, given the lengthy marriage, the respondent's greater financial resources, and the need for equality before the law. The respondent's assets and income were substantially higher than the applicant's, and the respondent had been in contempt of previous orders, necessitating further litigation. However, the court considered the scale of costs claimed excessive and awarded a reduced contribution of R75,000.00, payable in two instalments, to enable the applicant to prepare and present her case adequate…

Source excerpt

• Rule 43 Contribution To Costs
• Divorce Proceedings
• Duty To Support
• Contempt Of Court
• Equality Before Law

Van der Merwe obo Brandt and Others v Road Accident Fund (2522/2014)

Van der Merwe obo Brandt and Others v Road Accident Fund (2522/2014) [2016] ZAGPPHC 202 (12 April 2016)

Court

North Gauteng High Court, Pretoria

Case number

2522/2014

Judge

Msibi S M

The court held the Road Accident Fund liable only for loss of support for the deceased’s biological child, not for the plaintiff or her two older children.

• Loss Of Support
• Duty To Support
• Road Accident Fund Act
• Dependants Action
• Loss-of-support
• Road-accident-fund