Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Sizani v Road Accident Fund (1895/2016) [2020] ZAECMHC 4 (13 February 2020)
The High Court found the plaintiff indigent and entitled to loss-of-support damages after her son’s death, awarding R206,856 despite no actuarial evidence.
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.
Mokhati v Road Accident Fund (13608/2015) [2016] ZAGPPHC 1041 (20 December 2016)
The High Court dismissed a father’s loss-of-support claim against the Road Accident Fund after finding he failed to prove indigence and regular support from his deceased son.
Mohohlo v Road Accident Fund (7205/13) [2016] ZAGPPHC 142 (29 January 2016)
The court found that the plaintiff, having raised the deceased from infancy and received reciprocal financial support from him once he became self-sufficient, established a relationship of reciprocal nurture and support akin to that of a parent and child. The absence of formal adoption did not preclude the existence of a legal duty to support, as both common law and African customary law recognize such duties arising from fact-specific relationships. The plaintiff demonstrated indigence, as her income was insufficient to meet her basic needs, and she relied on the deceased's contributions for…
Source excerpt
Gajoo and Another v Road Accident Fund (13128/2013) [2015] ZAGPPHC 927 (17 November 2015)
The court granted absolution from the instance in a loss-of-support claim, finding the plaintiffs had not proved indigence or a sufficient duty of support.
Keforilwe v Road Accident Fund (281/13) [2015] ZANWHC 74 (12 November 2015)
The court found that the Plaintiff was dependent on the deceased for the necessities of life, and the deceased's contributions were not mere gratuities but essential support. The Defendant failed to rebut the Plaintiff's evidence of indigence and dependency. The voluntary undertaking by the deceased to support the Plaintiff created a reasonable expectation that such support would continue, establishing a legal duty of support. The Plaintiff is therefore entitled to compensation for loss of support. The quantum was determined based on the Plaintiff's actuarial report, with appropriate continge…
Source excerpt
Tutubala v Road Accident Fund (2014/34463) [2015] ZAGPJHC 149 (23 July 2015)
The High Court dismissed a mother's loss-of-support claim against the Road Accident Fund after finding she failed to prove indigence.
Leask and Another v Road Accident Fund (33281/2013) [2015] ZAGPJHC 76; 2015 (5) SA 20 (GJ) (30 April 2015)
The court granted absolution from the instance in a parental loss-of-support claim, finding the plaintiffs failed to prove the deceased’s earnings and ability to support them.
Mawela and Others v Road Accident Fund (38991/2010) [2013] ZAGPPHC 249 (16 August 2013)
The court dismissed parents’ loss-of-support claim against the Road Accident Fund, finding they had not proved indigence or a need for maintenance from the deceased.
Mabaso v Road Accident Fund (6620/08) [2011] ZAFSHC 113 (2 June 2011)
The court upheld a claim for loss of support and funeral expenses arising from a fatal motor accident, finding the plaintiff indigent and supported by the deceased.
Explore more
