CCT160/14

[2015] ZACC 9

2015 (4) SA 1 (CC)

2015 (6) BCLR 676 (CC)

Tshiqi AJ

12 February 2015

20 April 2015

http://hdl.handle.net/20.500.12144/3771

Application for leave to appeal against the whole judgment and order of the SCA: Road Accident Fund v Coughlan (702/13) [2014] ZASCA 106; 2014 (6) SA 376 (SCA) (3 September 2014). The case was previously heard in the Cape Town High Court: Coughlan N.O. v Road Accident Fund (977/08) [2013] ZAWCHC 212 (6 June 2013).

Decision on whether foster child grants are res inter alios acta — Deductibility of foster child grants from compensation for loss of support payable to foster children — Duty of the State — Rights of vulnerable children — Constitution Act — sections 27 and 28 — Children’s Act 38 of 2005 — Sections 1, 156(1)(e) and 181 — Foster child grants are not predicated on death of a parent — Nature and purpose different – Foster child grants not payable to the foster child but to the foster parent — Sections 18(2) and (3) of the Road Accident Fund Act 56 of 1996. Application for leave to appeal against an order of the Supreme Court of Appeal holding that foster care grants amount to double compensation and are deductible by the Road Accident Fund (RAF) from compensation paid for loss of support. The Court held that claims for loss of support against the RAF and foster child grants are different in nature and purpose. Foster child grants are not predicated on the death of a parent. Furthermore, foster child grants are not payable to the foster child but to the foster parent. The grants did not constitute double compensation for purposes of claims against the RAF for loss of support. The appeal was upheld and the decision of Supreme Court of Appeal set aside. Judgment: Tshiqi AJ (unanimous).