Paixão v Road Accident Fund

The first appellant and her minor daughter sued the Road Accident Fund for loss of maintenance arising from the death of the deceased in a motor vehicle collision. The deceased had lived with the first appellant and her children in a permanent heterosexual life partnership. Although not yet married, they shared a household, pooled resources, executed a joint will, and the deceased undertook full financial responsibility for the family. He planned to marry the first appellant once his foreign divorce was finalised. The High Court dismissed the claim, finding no legally enforceable duty of support.

The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order directing the Road Accident Fund to pay agreed damages for loss of support to both appellants, together with costs.

This case is a landmark in South African delict and family law, extending the dependants’ action to permanent heterosexual life partnerships. It confirms that legally enforceable duties of support can arise from tacit agreements outside formal marriage and that such relationships deserve protection consistent with constitutional values.