South Africa Case Law

Buje v Road Accident Fund (3149/2019)

Buje v Road Accident Fund (3149/2019) [2021] ZAECPEHC 43 (17 August 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3149/2019

Judge

Bloem

The court found that, although the plaintiff and the deceased had a relationship and a child together, the evidence did not establish that they were permanent life partners or that their relationship was akin to marriage at the time of the deceased's death. The plaintiff and the deceased had not cohabited since February 2014, and the financial support provided by the deceased was sporadic and not indicative of a reciprocal duty of support. There was no credible evidence of a tacit or express agreement to support, nor of preparations for marriage. The objective facts, including the deceased's…

Source excerpt

• Loss Of Support
• Dependants Action
• Duty Of Support
• Life Partnership
• Road Accident Fund Act

Fisher v Dericksen N.O and Others (65494/2020)

Fisher v Dericksen N.O and Others (65494/2020) [2021] ZAGPPHC 512 (29 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

65494/2020

Judge

L Sisilana

The court dismissed an application for an interim interdict stopping estate distribution, holding there was no pending review or appeal under section 95 of the Administration of Estates Act.

• Interim Interdict
• Maintenance Claim
• Administration Of Estates Act
• Life Partnership
• Objection To Liquidation Account
• Interim-interdict

Lesia obo A.N.L v Road Accident Fund (2016/1728)

Lesia obo A.N.L v Road Accident Fund (2016/1728) [2019] ZAGPPHC 148 (13 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

2016/1728

Judge

Mokose

The court found that the plaintiff's evidence regarding the nature of her relationship with the deceased was uncontested and credible. The relationship exhibited characteristics of a life partnership, including cohabitation, shared expenses, an express oral agreement to support one another, and an intention to marry. These facts established a reciprocal duty of support, which the law recognises for the purposes of a dependants' action. The court held that the plaintiff was entitled to claim for loss of support in her personal capacity. Regarding costs, the court exercised its discretion and f…

Source excerpt

• Loss Of Support
• Life Partnership
• Reciprocal Duty Of Support
• Dependants Action

Cawood v Road Accident Fund (A789/2016)

Cawood v Road Accident Fund (A789/2016) [2018] ZAGPPHC 581 (22 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

A789/2016

Judges

De Vos, Baqwa, Rabie

The appeal was upheld because the appellant's uncontested evidence established a relationship with the deceased akin to marriage, including cohabitation, joint financial arrangements, and preparations for marriage. The trial court erred in granting absolution of the instance by requiring corroborative witnesses when the appellant's evidence was neither improbable nor incredible and was not challenged by the respondent. The court found that the probabilities overwhelmingly supported the existence of a tacit agreement for reciprocal support, entitling the appellant to compensation for loss of s…

Source excerpt

• Loss Of Support
• Absolution From The Instance
• Reciprocal Duty Of Support
• Life Partnership
• Onus Of Proof

Mahapeloa v Road Accident Fund (A5054/2015)

Mahapeloa v Road Accident Fund (A5054/2015) [2016] ZAGPJHC 317 (4 August 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A5054/2015

Judges

Sutherland, Van Oosten, Makume

The court held that the appellant and the deceased had established a de facto family relationship characterized by cohabitation, mutual support, and an intention to create a permanent partnership. The short duration of cohabitation and absence of formal marriage were not decisive, given the social context and evidence of commitment, including the intention to initiate lobola negotiations. The appellant was financially dependent on the deceased, who supported her and their child. The court found that the appellant fell within the expanded category of persons to whom a duty of support was owed…

Source excerpt

• Loss Of Support
• Life Partnership
• Reciprocal Duty Of Support
• Lobola Negotiations