A South African woman’s claim to a death benefit from the Becsa Provident Fund was denied after she failed to prove financial dependency on the deceased, her customary law husband. The Pension Funds Adjudicator, Muvhango Lukhaimane, determined that the woman, though legally recognized as a spouse through posthumous marriage registration, was estranged from the deceased and lived apart from him.
The fund distributed the 4.5 million rand benefit to the deceased’s four children and his girlfriend. The girlfriend received a fifteen percent allocation after providing evidence, including bank statements, that she was financially dependent on the deceased and shared a household with him.
Lukhaimane clarified that while a customary spouse qualifies as a legal dependant, this status does not guarantee a portion of a death benefit, which is separate from the estate. The adjudicator found the allocation to the children and the girlfriend, who demonstrated factual dependency, to be justified.
The fund distributed the 4.5 million rand benefit to the deceased’s four children and his girlfriend. The girlfriend received a fifteen percent allocation after providing evidence, including bank statements, that she was financially dependent on the deceased and shared a household with him.
Lukhaimane clarified that while a customary spouse qualifies as a legal dependant, this status does not guarantee a portion of a death benefit, which is separate from the estate. The adjudicator found the allocation to the children and the girlfriend, who demonstrated factual dependency, to be justified.
