South Africa Case Law

Lindeni v Master of the High Court, Johannesburg and Others (2022/23635)

Lindeni v Master of the High Court, Johannesburg and Others (2022/23635) [2023] ZAGPJHC 800 (30 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022/23635

Judge

N. Mazibuko

The court found that although the applicant and the deceased lived together, shared financial responsibilities, and participated in customary celebrations, the deceased was still married to his erstwhile wife during the relevant period. The law requires that parties must be competent to enter into a marriage or permanent life partnership, which was not the case here as the deceased's prior marriage was only dissolved in March 2020. The applicant did not rely on events after the divorce, and the relationship's key milestones occurred while the deceased was still married. Consequently, the appl…

Source excerpt

• Customary Marriage
• Permanent Life Partnership
• Maintenance Of Surviving Spouses
• Intestate Succession
• Interim Interdict

Lamprecht v Horn and Others (34672/18)

Lamprecht v Horn and Others (34672/18) [2022] ZAGPJHC 950 (29 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

34672/18

Judge

Mudau

The High Court dismissed an application to declare a long relationship a permanent life partnership for intestate succession, finding serious disputes of fact and no suitable paper record.

• Intestate Succession
• Permanent Life Partnership
• Universal Partnership
• Dispute Of Fact
• Alienation Of Land Act
• Costs Order

V.J.V and Another v Minister of Social Development and Another (27706/2021)

V.J.V and Another v Minister of Social Development and Another (27706/2021) [2022] ZAGPPHC 114 (22 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

27706/2021

Judge

C Van Veenenendaal

The High Court held that section 40 of the Children's Act unjustifiably excluded permanent life partners from automatic parental recognition in artificial fertilisation cases.

• Children's Act
• Artificial Fertilisation
• Permanent Life Partnership
• Parental Responsibilities
• Equality And Dignity
• Reading In Remedy

L.D.P v Road Accident Fund (2017/6462)

L.D.P v Road Accident Fund (2017/6462) [2021] ZAGPJHC 442 (23 February 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2017/6462

Judge

Windell

The High Court found that the plaintiff proved a permanent life partnership and a legally enforceable duty of support against the Road Accident Fund.

• Loss Of Support
• Permanent Life Partnership
• Duty Of Support
• Dependants Action
• Loss-of-support
• Permanent-life-partnership

T obo Minor v Road Accident Fund (1322/2016)

T obo Minor v Road Accident Fund (1322/2016) [2017] ZALMPPHC 13 (29 June 2017)

Court

Limpopo High Court, Polokwane

Case number

1322/2016

Judge

Mokgohloa DJP

The court found that the plaintiff failed to prove the existence of a permanent life partnership or a legally enforceable reciprocal duty of support. The evidence did not demonstrate sufficient stability, commitment, or public recognition of the relationship, nor did it show that the deceased intended to be legally bound to support the plaintiff. The plaintiff was not solely dependent on the deceased's income and had her own employment and qualifications. There was no express or tacit agreement establishing a duty of support. Consequently, the plaintiff lacked locus standi to claim loss of su…

Source excerpt

• Locus Standi
• Loss Of Support
• Permanent Life Partnership
• Maintenance Of Surviving Spouse Act
• Reciprocal Duty Of Support

Mahapeloa v Road Accident Fund (17212/13)

Mahapeloa v Road Accident Fund (17212/13) [2014] ZAGPJHC 432 (12 December 2014)

Court

South Gauteng High Court, Johannesburg

Case number

17212/13

Judge

Windell

The High Court dismissed a dependant’s claim against the Road Accident Fund, finding no proved permanent life partnership or tacit duty of support.

• Dependants Action
• Loss Of Support
• Permanent Life Partnership
• Tacit Agreement
• Duty Of Support
• Dependants-action

Verheem v Road Accident Fund (19026/08)

Verheem v Road Accident Fund (19026/08) [2010] ZAGPPHC 282; 2012 (2) SA 409 (GNP) (25 November 2010)

Court

North Gauteng High Court, Pretoria

Case number

19026/08

Judge

Goodey

The court found that the plaintiff and the deceased lived together as man and wife in a permanent life partnership for over thirteen years, raising children together and sharing household responsibilities. The deceased undertook a binding duty of support towards the plaintiff, which was not merely an informal arrangement but a legally enforceable contract. The relationship was publicly recognized as akin to marriage, and the plaintiff was entirely dependent on the deceased for support. The court distinguished the facts from Susara Meyer v RAF, noting that the parties intended to marry and tha…

Source excerpt

• Loss Of Support
• Locus Standi
• Road Accident Fund Act
• Permanent Life Partnership
• Duty Of Support