A child's right to money after his dad died in a car crash has been affirmed in court.
The Supreme Court of Appeal of South Africa has ruled that courts must properly consider a child’s constitutional right to financial support after a breadwinner dies in a road accident, even where questions are later raised about the legality of the deceased’s income.
The judgment centred on a claim against the Road Accident Fund after a man died following a crash on the R40 highway in Mpumalanga in August 2018.
The deceased had been the sole breadwinner for his partner and their minor child before the collision. The deceased “was a passenger in the motor vehicle, sustained serious injuries from which he later died. It was common cause that the collision occurred as a result of the negligent driving by Mr E B Lekwane, the insured driver.”
The Road Accident Fund (RAF) had already conceded that the child was entitled to support because the deceased was the child’s father. The only outstanding issue regarding the child was the amount of damages payable.
