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South Africa decisions
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Molea v RAF (18103/2011) [2018] ZAGPPHC 379 (18 May 2018)
The High Court granted absolution from the instance in a loss-of-support claim, finding the plaintiff had not proved indigency or a sufficient need for support.
Seleka v Road Accident Fund (12555/2015) [2016] ZAGPPHC 483; 2016 (4) SA 445 (GP) (29 April 2016)
High Court held that an indigent mother could recover loss of support from the Road Accident Fund after her daughter’s death, applying common law and Tswana customary law.
Osman v Road Accident Fund (16780/13) [2015] ZAGPPHC 517; 2015 (6) SA 74 (GP) (3 July 2015)
The court found that the plaintiff was indeed dependent on her deceased son for support, as she had no income and relied on him for monthly expenses. The evidence established that the deceased provided regular financial assistance, and the plaintiff's indigency was not negated by occasional support from other family members. The court extended the common law duty of support to include cultural contexts such as Muslim and Hindu communities, where extended family support is customary. The actuarial calculation was adjusted to reflect the deceased's marital status, applying a one-fifth ratio to…
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Mtetwa v Road Accident Fund (70650/2013) [2015] ZAGPPHC 446 (3 July 2015)
The court upheld a mother's claim for loss of support after her daughter died in a motor vehicle collision, awarding damages after finding indigency and a duty of support.
Legal Aid South Africa v Van der Merwe and Others (A409/2010) [2010] ZAWCHC 525 (4 November 2010)
The appeal succeeded because the respondents failed to provide sufficient and consistent information regarding their financial circumstances, and the evidence before the court suggested they were not indigent. The High Court erred in ordering legal representation at state expense without a proper enquiry into the respondents' ability to afford counsel. The court further lacked authority to prescribe the seniority of counsel or restrict Legal Aid South Africa's right to recover costs. The orders made by the High Court on 2 December 2009 were set aside, and the application for condonation of la…
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Nzame and Another v Minister of Safety and Security (9689/94) [2008] ZAKZHC 91 (25 September 2008)
The court found that the second plaintiff's income was insufficient to cover the reasonable necessities of life for herself and her dependants. The evidence established that she relied on financial support from her deceased son, and his death deprived her of such support. The court rejected the defendant's argument that only parents in extreme need or abject poverty could claim, holding that the common law and constitutional standards require only that the claimant's income is inadequate for basic necessities, not complete destitution. The second plaintiff's testimony was accepted as honest a…
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Fosi v Road Accident Fund (1934/2005) [2007] ZAWCHC 8; 2008 (3) SA 560 (C); (21 February 2007)
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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