Judge orders RAF to pay second wife

The court has compelled the Road Accident Fund (RAF) to pay out a loss of support to a widow after the fund's failed attempt to dispute the validity of her customary marriage to a car accident victim. 

Judge D Marais of the high court in Joburg said that RAF had the duty to pay out Catherine Letaoana's claim for the death of her husband, Samuel Chauke, who was still married in a pre-existing civil union with Flora Manganyi, with whom he shared two children.

After Chauke's death in 2011, Letaoana lodged a loss of support claim with RAF; but last year the fund questioned if she was entitled to the claim as the deceased had not legally divorced his first wife.

In his judgment, Marais focused on whether Chauke and Letaoana's customary marriage was concluded and whether non-registration of such union invalidated them in terms of the Recognition of Customary Marriages Act (RCMA).

Letaoana met Chauke, a church leader, in 2007 and the two decided to cohabitate in the same year. He earned R11,000 a month while Letaoana, a former human resources consultant and business owner, had become unemployed and dependant on Chauke's income.

Letaoana had testified that Chauke introduced her to his sisters and cousins, but, under Tsonga tradition, he could only introduce her to his mother after he had paid lobola. Similarly, under Tswana custom, Chauke could not enter Letaoana’s parental home until lobola negotiations and payment were concluded.

“The plaintiff [Letaoana] testified that on March 27 2010 they celebrated the marriage at her parents’ house. She went to the deceased’s family’s household in Malamulele during May 2010, and was welcomed into his family by his family members. At the deceased’s funeral... the plaintiff was requested and allowed by the deceased’s family to “sit on the mattress” before and during the deceased’s funeral [to the exclusion of Ms Manganyi] was uncontroverted,” said Marais.

Letaoana also told the court that though she knew about the existence of Manganyi, she only met her for the first time at the funeral. Evidence brought to court during cross-examination revealed that Chauke’s family was under the impression the previous marriage was dissolved by divorce, that there was no relationship between him and Manganyi for about 20 years.

Letaoana said she talked for the first with Manganyi after Chauke's accident. She was told by the hospital that Manganyi had called and a hospital clerk put the two women on a call together. “The gist of this conversation was that Ms Manganyi was only interested in money. The inference can be drawn that Ms Manganyi was informed or assumed at that time that the deceased was going to die due to his injuries. Earlier, Ms Manganyi allegedly said to the hospital clerk that the plaintiff was there just for the money,” said Marais in his judgment. 

The judge said during the trial the RAF did not disputethat a customary marriage had been concluded between the plaintiff and the deceased. “Consequently, I have no hesitation in finding that a customary marriage complying with the requirements of Section 3 of the RCMA had been concluded. Non-registration of a customary marriage does not invalidate such a marriage in terms of the [act]. That should be the end of the matter and a finding in favour of the plaintiff should be made,” said Marais.

SowetanLIVE