KEY POINTS
- The widow fought to claim a share of her late husband’s pension.
- The tribunal ruled that being a dependent doesn’t guarantee benefits.
- The girlfriend proved her financial role and received part of the fund.
After being denied access to her late husband’s pension fund, valued at over 783,000 rand, a married woman with two children sought relief from the Financial Services Tribunal (FST).
Widow fights for share of late husband’s pension fund
Thokozani Ngema, an Eskom employee, was married to Mmaseeiso Patricia Ramakatsa from March 2003 until his passing in April 2023. The couple lived together between 2014 and 2015. Following Ngema’s death, a 783,564 rand death benefit became available for distribution. However, he allocated the funds among his six children and left 8% to his girlfriend, excluding his estranged wife from the payout.
According IOL, in 2008, Ramakatsa lodged a complaint with the Pension Fund Adjudicator (PFA), arguing that she was Ngema’s surviving spouse under customary law and therefore entitled to a share of the benefit. Despite her claim, the PFA upheld Eskom’s pension fund decision, stating that it honored the deceased’s wishes. As a result, her application was rejected.
Determined to challenge the decision, Ramakatsa turned to the FST for reconsideration. However, the tribunal ruled that being a legal dependent does not automatically guarantee a right to a portion of the death benefit. It also considered the fact that she and Ngema had been separated for at least eight years before his death.
Girlfriend proves financial contribution and life partnership
Meanwhile, Ngema’s girlfriend successfully demonstrated that she had been his life partner, contributed to their shared household, and had two children with him. Based on these factors, the FST concluded that the allocation of the pension funds was fair and reasonable.
Ultimately, the tribunal upheld the previous decision, denying Ramakatsa’s application and reinforcing the principle that death benefits should be distributed according to the deceased’s documented wishes and dependents’ financial reliance.
