Fathima Sayed – who spent 17 years as a businessman’s life partner – has failed in her bid to lay claim to a share in his death benefit totalling R21.3m.

A Cape Argus report says Sayed complained to the Pension Funds Adjudicator that the Old Mutual Superfund Provident Fund should not have paid Mr Singh’s full death benefit to his two biological daughters alone.

While a clause in the couple’s cohabitation agreement waived Sayed’s right to share in the pension, provident fund, investments, profit sharing or other retirement interests of Singh, Sayed said she was no longer bound by the cohabitation agreement after Singh’s passing, and as a result, she was entitled to any benefit that arose from his death.

In her determination, Pension Funds Adjudicator Muvhango Lukhaimane said the fund was correct in identifying Singh’s biological daughters as dependants of the deceased.

‘The submissions indicate that the complainant received R7 000 000 from a life policy due to the deceased’s death and R35 000 per month from either the deceased’s estate or its executor. It is further unconfirmed whether or not the deceased’s estate is insolvent.’

She added the complainant was placed in a better position due to the third-party payment she received.

‘Furthermore, the complainant can still find employment. The facts indicate that even though she is 52 years old, she has prior work experience and a tertiary-level education. She still has an income-earning potential and can find employment. Therefore, the fund was correct in not allocating a portion of the death benefit to the complainant,’ said Lukhaimane.

‘The death benefit was properly allocated to the dependants of the deceased and there is no reason to set aside the board’s decision. Thus, the complaint cannot succeed and is, therefore, dismissed,’ Lukhaimane added.

Full Cape Argus report