Road Accident Fund v Mohohlo

The respondent, Rebecca Mohohlo, was the aunt of the deceased, Otshepeng Letshufi, who died as a result of injuries sustained in a motor vehicle collision caused by the negligence of an insured driver. The Road Accident Fund conceded negligence but disputed her entitlement to claim damages for loss of support. The respondent had taken the deceased into her home as an infant following family consultation in accordance with cultural practices, raised him as her own child, and was supported by him financially once he became employed. There was no formal adoption, but the relationship functioned as that of mother and child. After his death, the respondent relied mainly on an old-age pension and modest, sporadic income, and alleged that she was indigent and had lost material support due to his death.

The appeal was dismissed with costs, confirming the Road Accident Fund’s liability to compensate the respondent for proven loss of support, with quantification to be determined separately.

The case is significant for developing the South African law of delict by extending dependants’ claims for loss of support beyond formal blood or marital relationships. It recognises de facto adoption and culturally grounded family relationships, informed by customary law and the constitutional value of ubuntu, as capable of giving rise to a legally enforceable duty of support.