Law of Damages - LPL4802 OCTOBER 2024 PORTFOLIO QUESTION 4
FOUNDING AFFIDAVIT AND SUPPORTING AFFIDAVIT
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,QUESTION 4: DRAFTING: COMPENSATION OF INJURIES AND DESEASES
ACT 130 OF 1993 AND RELATED DOCUMENTATION (4 pages)
You represent Ms Lerato Lethabo, a 33-year-old lady, in a claim for loss of support
against Malcom Mutual Insurance (MMI) before the Gauteng South Division High
Court. Your client lived with her boyfriend, Mr Tebogo Moloi in Alexandre, North of
Johannesburg for over 10 years until his demise on 15 November 2020. Mr Tebogo
was working as a crane driver for QQ Steel holdings at the time of his death. MMI
has accepted liability for his death but denied Ms Lerato the claim for loss of support.
MMI argues that your client was never married to the deceased; as a result, she
does not qualify to receive the widow’s compensation in the form of loss of support.
MMI has opted to pay the widow’s compensation, calculated in terms of Mr Tebogo’s
salary as at the time of his death, a total of R 3 500 000 as a once off lump sum.
4.1 Draft a founding affidavit, where your client states that she was in fact Mr Moloi’s
life partner and dependant at the time of his death. In it, provide a clear and concise
description of her monthly needs, as well as proof of the subsistence of the
permanent life partnership. (15)
4.2 In an answering affidavit, MMI suggests that there must be supporting affidavits
from family and community to attest to the existence of your client’s permanent life
partnership with the deceased. Draft a supporting affidavit from either a family or a
community member in support of the existence of such a union between your client
and the deceased. NB. Please draft a single affidavit. (10)
1. I am an unemployed adult female, residing at 1234 Maple Street,
Alexandre, 2090 Johannesburg, Gauteng Province.
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