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Landmark ruling upholds African customary law

Publish date: 13 March 2007
Issue Number: 1784
Diary: Legalbrief Today
Category: General

A landmark ruling based on indigenous African customary law has been handed down in the Cape of Good Hope Eastern Circuit Local Division at George.

The Herald notes that the ruling was in favour of Cordelia Ntombizabunto Fosi (57), whom the court said was entitled to receive compensation from the Road Accident Fund for the monthly payments she used to receive from her son, who died in a vehicle crash. Legal experts have welcomed the ruling, saying it is ‘refreshing’ and in line with the Constitution. Judge Daniel Dlodlo‘s ruling is based on the African tradition that when a black child becomes a grown-up and is able to participate in the labour market, it is his or her duty to provide maintenance for his or her parents. He ruled that the Road Accident Fund was liable to compensate Fosi to the amount of damages she was able to prove. The fund will also pay the cost of her application. Full report in The Herald

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