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JUNE 2021

Below is a copy of the current newsletter.  Please click on each heading to see the contents.  Click here to download the PDF.

 

Loss of Support

Loss of Support

In RAF v Mohohlo 2018 (2) SA 65 (SCA) an aunt of the deceased was awarded damages for loss of support. The evidence showed that there had been a de facto adoption by the aunt to place her in loci parentis and that she had been sufficiently lacking in means to be described as “indigent”. This is but one more example of the extension of liability for damages for loss of support. Once upon a time not so long ago such claims were only allowed to dependants who could demonstrate that the deceased had had a common-law duty to provide support. Adoption had to be by way of formal adoption. Nowadays same-sex relationship dependency is recognised for compensation purposes (Paixão v RAF 2012 (6) SA 377 (SCA)); compensation has been awarded to a fiancé (Kriek v RAF (529/2019) [2020] ZAFSHC 42 (5 March 2020)); to stepchildren (Thibela v Minister van Wet en Orde 1995 3 SA 147 (T)); to a child adopted by Bantu customary law (Kewana v Santam 1993 4 SA 771 (TkAD)); and to a “common-law” unmarried wife (Verheem v RAF 2012 2 SA 409 (GNP)).

Vital Statistics

CAP determination 31 January 2021 R299 154
CPI year-on-year to April 2021:   4,4%
RSA long bond yield Mat 2021:   7,3%
Real rate of return (7,3 less 4,4):  2,9%
FNB Property Index April  2021 (y/y real) -0,1%

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