Du Plessis v Road Accident Fund

The appellant and the deceased were partners in a permanent same-sex life relationship from 1988 until the deceased’s death in a motor vehicle accident in 1999. They lived together in a stable union, held a public commitment ceremony akin to marriage, pooled their income, and were accepted by family and friends as a couple. After the appellant was medically boarded, the deceased financially supported him and expressly undertook to continue doing so. Each partner executed a will leaving his estate to the other. Following the deceased’s death, the appellant claimed damages from the Road Accident Fund for loss of support and for funeral expenses incurred. The High Court dismissed both claims.

The appeal was upheld. The common law was developed to allow the appellant’s claim for loss of support against the Road Accident Fund, and the appellant was found entitled to recover funeral expenses. The matter was remitted for determination of quantum.

This case is a landmark in South African law extending the common-law dependant’s action to permanent same-sex life partners. It affirmed the courts’ duty to develop the common law in line with constitutional values of equality and dignity, and it provided important recognition and protection for same-sex relationships prior to the legalisation of same-sex marriage.