Fosi v RAF
Facts
A vehicle accident occurred and resulted in the death of a son. The mother sued the RAF
for damages because of the accident she has lost support and maintenance by her son
and was indigent, whom according to her, her son legitimately was bound to support and
maintain his parent and was actually doing so by the time of his death. RAF admitted
liability based on the negligence of the insured driver, but they disputed indigence
Legal issue
The issue is whether or not the plaintiff can be regarded as indigent such that the
deceased had a duty legally, to maintain and support her.
Ratio Decidendi
The deceased has a duty in law to support and maintain his/her indigent parents.
Law
Legislation
Law of Evidence Amendment Act 45 of 1988
All South African courts are empowered to apply customary law.
s211(3), The Constitution of The Republic of South Africa, 1996
“All Courts in South Africa must apply customary law where appropriate, subject the constitution and
legislation that deal in particular with customary law’’.
Case Law
Oosthuizen v Stanley 1938 AD 322 “A child's duty to support a parent arises if both parents are
indigent, unable to support themselves and if the child is able to provide support”.
Khan & another v Padayachy 1971 (3) SA 877 (W) “The liability of other siblings is not relevant to
a claim against one of them”.
Van Vuuren v Sam 1972 (2) SA 633 (AD) “To be indigent is to lack the basic needs such as food,
clothing, shelter and medication”.
Wigham v British Traders Insurance Co Ltd 1963 (3) SA 151 (W) at 153
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Facts
A vehicle accident occurred and resulted in the death of a son. The mother sued the RAF
for damages because of the accident she has lost support and maintenance by her son
and was indigent, whom according to her, her son legitimately was bound to support and
maintain his parent and was actually doing so by the time of his death. RAF admitted
liability based on the negligence of the insured driver, but they disputed indigence
Legal issue
The issue is whether or not the plaintiff can be regarded as indigent such that the
deceased had a duty legally, to maintain and support her.
Ratio Decidendi
The deceased has a duty in law to support and maintain his/her indigent parents.
Law
Legislation
Law of Evidence Amendment Act 45 of 1988
All South African courts are empowered to apply customary law.
s211(3), The Constitution of The Republic of South Africa, 1996
“All Courts in South Africa must apply customary law where appropriate, subject the constitution and
legislation that deal in particular with customary law’’.
Case Law
Oosthuizen v Stanley 1938 AD 322 “A child's duty to support a parent arises if both parents are
indigent, unable to support themselves and if the child is able to provide support”.
Khan & another v Padayachy 1971 (3) SA 877 (W) “The liability of other siblings is not relevant to
a claim against one of them”.
Van Vuuren v Sam 1972 (2) SA 633 (AD) “To be indigent is to lack the basic needs such as food,
clothing, shelter and medication”.
Wigham v British Traders Insurance Co Ltd 1963 (3) SA 151 (W) at 153
1
