The former life partner of a man killed in a car accident has won her battle against Absa Pension Fund, which had allocated his entire death benefit worth more R1m to his mother. This was despite the fact that the complainant – identified as JT Damoense – was a 50% beneficiary on the man’s nomination form.

A Cape Times report says Muvhango Lukhaimane from the office of the Pension Funds Adjudicator ruled in Damoense’s favour, finding that the fund did not take the wishes of the deceased – identified as LB Mantjiu – into consideration when allocating the benefit solely to his mother (75).

Lukhaimane ordered Absa Pension Fund to re-exercise its discretion in terms of section 37C of the Pension Funds Act and consider Damoense’s request to be allocated a share of the benefit.

While Damoense was in a life partnership with Mantjiu when he signed the beneficiary form, they had broken up and he was only paying maintenance for his son. In her determination, Lukhaimane said in principle a member was legally liable for the maintenance of a spouse and children as they relied on the member for the necessities of life.

In the case of factual dependants, where there is no duty of support, a person might still be a dependant if the deceased in some way contributed to the maintenance of that person.

‘The board should have considered the complainant on the basis that she was a nominee. The complainant did not have to prove that she was financially dependent on the deceased for her to be considered,’ she said. ‘The mere status of being a nominee compelled the fund to consider her situation together with the totality of other relevant factors,’ added Lukhaimane.

Full Cape Times report