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Mbali v Mhlekwa N.O and Another (2092/2022) [2022] ZAFSHC 248 (15 September 2022)
The High Court stayed a succession-related application for three months so the applicant could join the deceased’s biological children, who had a direct and substantial interest.
Paixao and Another v Road Accident Fund (640/11) [2012] ZASCA 130; [2012] 4 All SA 262 (SCA); 2012 (6) SA 377 (SCA) (26 September 2012)
The Supreme Court of Appeal held that the evidence established a tacit reciprocal duty of support between the deceased and the appellants, arising from a committed, permanent life partnership akin to marriage. The deceased undertook to support and maintain Mrs Paixão and her children, and this obligation was not merely moral but legally enforceable. The court found that the dependants’ action should be extended to unmarried persons in heterosexual relationships who have established a contractual reciprocal duty of support. The incremental development of the common law was justified by the evo…
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