High Court Orders RAF To Compensate Widow After Customary Marriage Battle

The South Gauteng High Court in Johannesburg has ruled in favour of 60-year-old Catherine Letaoana, ordering the Road Accident Fund (RAF) to compensate her for loss of support following the death of her partner, Samuel Chauke, in a 2011 car accident.

The case revolved around the legal recognition of Letaoana’s customary marriage to Chauke, who was previously married in a civil union to another woman, Flora Manganyi.

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Although Chauke and Manganyi never officially divorced, they had lived apart for over two decades.

Letaoana insisted that she entered into a valid customary marriage with Chauke in 2010, which included payment of lobola, traditional ceremonies, and familial recognition under both Tsonga and Tswana customs.

RAF Denied Customary Marriage,Financial Dependency

The RAF had contested the legitimacy of Letaoana’s claim, arguing that her marriage to Chauke was invalid under the Civil Union Act, which prohibits polygamous unions if a civil marriage exists.

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The fund also disputed her dependency on Chauke for financial support.

Letaoana testified that Chauke claimed to be divorced and acted in a manner consistent with that assertion, including introducing her to his family and naming her a beneficiary on his work policy.

The court heard that Letaoana was even allowed to sit on the traditional widow’s mattress at Chauke’s funeral — a significant cultural gesture of marital recognition.

Judge Dawid Marais rejected the RAF’s reliance on the Civil Union Act, stating that the argument was neither pleaded in court nor tested during cross-examination.

He also dismissed the value of the death certificate, saying it lacked specific details about the nature and status of Chauke’s previous marriage.

Court Finds No Deception, Orders Compensation

In his judgment, Judge Marais said there was no evidence that Letaoana knowingly entered into an invalid union, especially since Chauke, a pastor, and his relatives assured her that he was divorced.

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“She had no reason to doubt a man who was to be ordained as a pastor,” he stated.

The court concluded that Letaoana was entitled to compensation for the loss of financial support following Chauke’s death.

The matter was postponed to determine the final amount payable by the RAF.

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