Amod v Multilateral Motor Vehicle Accidents Fund

The appellant, a Muslim widow, was married to the deceased in terms of Islamic law in a de facto monogamous marriage that was not registered under the Marriage Act 25 of 1961. The deceased was killed in a motor vehicle collision caused solely by the negligence of another driver. Under Islamic law, the deceased had a contractual and legally enforceable duty to maintain and support the appellant, which he in fact did. The appellant lodged a claim against the Multilateral Motor Vehicle Accidents Fund for loss of support. While the Fund accepted liability for the children’s claims, it repudiated the widow’s claim on the basis that the Islamic marriage was not recognised as a valid civil marriage.

The appeal was upheld. The respondent was held legally liable to compensate the appellant for loss of support. Judgment was granted in favour of the appellant in the agreed amount of R250 000.

This case is a landmark decision recognising that Muslim widows in de facto monogamous Islamic marriages have a valid dependant’s action for loss of support. It marked a decisive shift away from earlier discriminatory common-law approaches and affirmed that the common law must develop in line with evolving societal values, including religious pluralism and equality. The judgment paved the way for greater legal recognition of the consequences of religious marriages in South African law.