South African Pension Ruling: Girlfriend Awarded R4.5 Million While Customary Wife Receives Nothing
In a landmark decision that highlights the complex intersection of customary law and financial dependency, South Africa’s Pension Funds Adjudicator has ruled against a customary wife’s claim to her deceased husband’s death benefit, while awarding his girlfriend a substantial portion of the funds.
The Case That Divided a Family
The customary wife of a deceased man has failed in her attempt to claim from his pension fund because she could not prove financial dependency and was considered an estranged spouse. The ruling by Pension Funds Adjudicator Muvhango Lukhaimane has sparked debate about what constitutes dependency in modern relationships.
In her formal complaint, the wife expressed dissatisfaction with the Becsa Provident Fund’s decision to distribute the R4.5 million death benefit to the deceased’s four children and his girlfriend. The girlfriend is set to receive 15% of the death benefit, while the remainder was divided among the children, with each receiving between 15% and 25%.
Conflicting Claims and Evidence
The deceased was a member of the fund until his passing in September 2023. The complainant maintained that she was married to the deceased and financially dependent on him. She provided a copy of a lobola (bride price) letter dated 17 September 2022 and a marriage certificate to substantiate her claim.
The wife argued that under the Recognition of Customary Marriages Act, either spouse may apply to register their marriage after the death of the other. She explained that several months after the deceased died, she registered her marriage according to customary law. This raised questions about why the deceased had indicated he was single in his insurance policy documentation.
However, the complainant acknowledged she had no concrete proof of financial dependency on the deceased. She described their financial arrangement as involving shared grocery purchases and cash gifts. The couple maintained separate residences, with the wife living in Kwa-Mhlanga while the deceased resided in Witbank. Their relationship involved weekend visits when she was off work.
The Girlfriend’s Compelling Evidence
Meanwhile, the fund’s investigation revealed contrasting information. The girlfriend had indicated she was the deceased’s partner and had been cohabiting with him from June 2022 until his death. Crucially, she provided the fund with bank statements showing regular financial transfers from the deceased, effectively demonstrating her financial dependency.
The fund determined that the girlfriend qualified as a factual dependent because she was financially dependent on the deceased, lived with him, and they shared common household responsibilities. The fund noted that the complainant wife failed to provide equivalent proof of her dependency claims.
The Legal Reasoning Behind the Decision
In her ruling, Adjudicator Lukhaimane acknowledged that the Recognition of Customary Marriages Act does allow for posthumous registration of a marriage. Thus, the complainant, as the customary wife, qualified as a legal dependant in principle.
However, Lukhaimane emphasized a critical distinction: “The girlfriend and the deceased shared a common household and expenses. Therefore, she qualifies as a factual dependant and was allocated a portion of the death benefit. The deceased’s children qualified as his legal dependents and had a right to be considered for a death benefit.”
The adjudicator further explained that while the customary wife qualifies as a legal dependant by virtue of her marriage, this doesn’t automatically entitle her to a share of the death benefit. Death benefits don’t form part of the deceased’s estate and therefore aren’t subject to standard matrimonial property regimes.
This case serves as a stark reminder that in pension fund disputes, demonstrated financial dependency often carries more weight than marital status alone. The ruling underscores the importance of maintaining clear financial records and understanding how different types of relationships are treated under South African pension law.
Full credit to the original publisher: AllAfrica – https://allafrica.com/stories/202511110623.html