An unemployed woman from KwaZulu-Natal has lost her legal case against the Road Accident Fund (RAF) after she was unable to convince the high court that she was entitled to financial support following her partner’s de@th.
The KwaZulu-Natal High Court in Pietermaritzburg ruled against Lulama Felicity Primrose Keth Kunene, as she could not demonstrate that her 13-year relationship with the deceased was legally recognized as a customary marriage.
Kunene’s attempt to claim a portion from her deceased partner’s estate was unsuccessful, leading her to seek compensation from the Road Accident Fund (RAF). Although RAF conceded 100% liability for the deceased’s de@th, they required Kunene to prove that she was legally married to the deceased to provide support.
Kunene explained to the court that she began dating the deceased in 1998 while she was still a teacher. At the time, the deceased was married and worked as a magistrate at Nqutu, with additional business interests.
In November 2004, the deceased sent a lobolo delegation to Kunene’s home, and after negotiations, a sum of R20,000 was paid. Kunene gave birth to their first child in 2005 and was living in her flat at that time. After the birth, the deceased bought a new flat, where they lived together, and Kunene rented out her flat.
Eventually, Kunene transferred her flat into the deceased’s name, believing they were married and she was part of his family. In 2007, after the birth of their second child, the deceased bought a house to accommodate their growing family.
In 2010, Kunene resigned from her teaching job to take care of their children, following the deceased’s instructions. When her pension fund was paid out, she handed the money to the deceased to invest.
In 2013, the family moved to Pietermaritzburg for better education opportunities for their children, who were enrolled at St Charles College. The deceased covered all expenses, including school fees, medical aid, transport, and accommodation, and provided Kunene with a monthly allowance that increased from R6,000 to R8,000 in 2014. He discouraged her from returning to work, offering to pay her the equivalent of a teacher’s salary to remain a full-time mother.
However, during cross-examination, it was revealed that the deceased actually lived with his wife and only visited Kunene and their children on weekends.
