Du Plessis v Road Accident Fund (443/2002)
Du Plessis v Road Accident Fund (443/2002) [2003] ZASCA 86; 2004 (1) SA 359 (SCA); 2003 (11) BCLR 1220 (SCA) (19 September 2003)
The Supreme Court of Appeal held that the common law action for loss of support must be developed to include a same-sex partner in a permanent life relationship similar in other respects to marriage, where the deceased owed a contractual duty of support. The court found that the plaintiff and the deceased had a stable, permanent relationship, publicly acknowledged, and had undertaken reciprocal duties of support. Excluding same-sex partners from the dependant's action constituted unfair discrimination on the ground of sexual orientation, contrary to constitutional values of equality and digni…
Source excerpt
- Loss Of Support
- Same Sex Relationships
- Constitutional Equality
- Duty Of Support
- Funeral Expenses
- Development Of Common Law