Case
PVL1501 - law of persons Case summaries
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- University Of South Africa (Unisa)
PVL1501 - law of persons Case summaries
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11. EX PARTE BOEDEL STEENKAMP
Facts: Testator left estate to his daughter and her children. At the time that daughter was
pregnant when the testator died.
Issue: Should the nasciturus inherit?
Ratio Decidendi/Held: Yes, A child already conceived will be regarded as already born
and will therefore inherit if it is subsequently born alive
2. PINCHIN V SANTAM INSURANCE CO LTD
Facts: A women who was six months pregnant was involved in a motor car accident due to
the negligent driving of another person, causing her child to be born with cerebral palsy
Issue: Does a person have an action in respect of injury inflicted upon him while he was
still a foetus in his mother’s womb?
Held: The court held that the nasciturus fiction has to apply so that he can claim for
damages.
3. ROAD ACCIDENT FUND V M OBO M
Facts: A collision took place between a motor vehicle and M’s wife (pedestrian.) As a result
of the collision, M’s wife who was pregnant with Z, who was born with severe mental
retardation. M claimed R.1.3 million from RAF.
Issue: Is it necessary to invoke nasciturus fiction?
Held: No, A foetus can claim for pre-natal, but only in regard to delict. The nasciturus
fiction is no longer a necessary requirement for maintenance.
4. CHRISTIAN LAWYERS’ ASSOCIATION OF SOUTH AFRICA V THE MINISTER OF HEALTH 1998
Facts: Christian Lawyer’s Association sought to declare the Choice of Termination of
Pregnancy Act 72 of 1996 unconstitutional on the basis that a foetus has a right to life as
contained in the bill of rights.
Issue: Is the Act constitutional?
Held: Yes, the Act was constitutional and women have the right to terminate pregnancies
in accordance to act.
, 2
5. CHRISTIAN LAWYERS’ ASSOCIATION V NATIONAL MINISTER OF HEALTH 2004
Facts: A minor was pregnant and wanted to terminate her pregnancy.
Issue: Whether she could have an abortion without consent from her family
Held: The court held that she could terminate her pregnancy according to the
Choice on Termination of Pregnancy Act 92 of 1996, as long as she was able to
give her informed consent, which she did.
6. RE BEAGLEHOLE
Facts: A beneficiary to a will, had not been located in 15 years
Issue: Should an application for a presumption of death succeed?
Held: No, the court held that an application fro a presumption of death should be left to the
discretion of the judge (Roman-Dutch), hence the period of absence of a person is not
required to order a presumption of death.
7. EX PARTE PIETERS
Facts: The applicant’s father disappeared, and was unable to obtain the money left to him
by his wife despite having a rule nisi granted
Issue: Should the application for a presumption of death be successful?
Decision: No, however the court authorised the Master to distribute the money equally
between the applicant and his siblings without the necessity of their providing security.
Ratio Decidendi: The presumption of death is refused, because the evidence surrounding
Mr. Pieters death is not conclusive.
8. J V DIRECTOR – GENERAL
Facts: Two applicants in a same sex life partnership, 2nd applicant gave birth to twins via
artificial insemination
Issue: Is a child born due to artificial insemination legitimate?
Held: Yes, Children born as a consequence of artificial insemination are covered by the
Children Status Act 82 of 1987, therefore the child was legitimate.
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