Adjudicator rules in favour of girlfriend over customary wife in R4.5 million death benefit case

THE customary wife of a deceased man failed in her attempt to claim a death benefit as she had not proved dependency on him and was an estranged spouse.

- ZELDA VENTER

In her complaint to the Pension Funds Adjudicator, Muvhango Lukhaimane, the wife was unhappy that the Becsa Provident Fund distributed the death benefit of R4.5 million to the deceased's four children and to his girlfriend. The latter is to receive 15% of the death benefit while the rest was divided between 15% and 25% to the children. The deceased was a member of the fund until he died in September 2023.

The complainant submitted that she was married to the deceased and was financially dependent on him. She provided a copy of a lobola letter dated September 17, 2022 and a marriage certificate in support of her submissions.

The complainant submitted that in terms of the Recognition of Marriage for Customary Marriages Act, either spouse may apply to register his or her marriage after the death of the other.