R2m spousal claim against RAF rejected

A WOMAN who said she was entitled to R2 million from the Road Accident Fund (RAF) because her partner, who she had intended to marry was killed in a car accident was turned down by the Gauteng High Court, Pretoria.

The woman, who cannot be named so as not to identify her minor daughter, met her partner two years before he was killed.

Before his death, he took care of her, as well as her teenage daughter.

According to her there was a legal duty on him to support her and her child, who he had accepted and treated as his own.

Thus, she reasoned, she could claim from the RAF for loss of support.

The woman claimed her and her partner were engaged to be married at the time of his death.

She said apart from taking care of her and her daughter, he also promised to later send her daughter to university.

The court noted that there was no evidence of lobola paid by the deceased. The woman's lawyer, however, argued that the plaintiff and the deceased intended to enter into a customary marriage.

Judge David Makhoba referred in his judgment to the publication Recognition of Customary Marriages Act and its Impact on Family Law in South Africa in which it is explained what a customary marriage entails in law.

He quoted from the publication that “customary marriage in true African tradition is not an event but a process that comprises a chain of events”.

According to the publication, marriage is not about the bride and the groom, but involves two families.

The judge also pointed out that there were certain basic formalities involved, such as lobola, which must be negotiated, as well as the later handing over of the bride.

Judge Makhoba said there was no such evidence before him in this case, apart from the fact that the woman and her daughter lived with the man for two years before he died.

“Residing together for two years only does not create a legal duty to support each other. There is no proof of customary marriage or an intention to get married. There is also no proof of lobola negotiations between the deceased and the plaintiff,” the judge said.

He turned down the woman's claim for R2m in spousal maintenance as he said she did not prove that there was a duty on the deceased to support her or her daughter.