Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Africa Day celebrations and the enduring gendered contradictions of African unity

June 4, 2026

Businesses urged to make only provable advertising claims

June 4, 2026

Women travel up to 300km as abortion services fail in Eastern Cape and Limpopo

June 4, 2026
Facebook X (Twitter) Instagram
Trending
  • Africa Day celebrations and the enduring gendered contradictions of African unity
  • Businesses urged to make only provable advertising claims
  • Women travel up to 300km as abortion services fail in Eastern Cape and Limpopo
  • Senior manager loses dismissal case before company could address CEO complaint
  • Toddler’s future forever changed after an accident just before his third birthday
  • Matric results publication stays public after High Court dismisses appeal by Information Regulator
  • More than maintenance: Rand Water building trust through action
  • Farm for sale advert slammed for misleading jacuzzi, workshop and three-phase power claims
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Death benefit totalling R254k wrongfully given to employed son instead of life partner and dependants
Regulatory Law

Death benefit totalling R254k wrongfully given to employed son instead of life partner and dependants

Pension Funds Adjudicator orders fund to reassess allocation after failing to properly investigate financial dependency
Kennedy MudzuliBy Kennedy MudzuliAugust 11, 2025Updated:August 11, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Pension Funds Adjudicator orders fund to reconsider death benefit allocation after ruling that financial dependency was not properly investigated.
Share
Facebook Twitter LinkedIn Pinterest Email
  • Fund allocated significant death benefit share to employed, financially independent son, sidelining life partner and children. 
  • PFA finds fund failed to properly investigate financial dependency of complainant and her children.
  • Initial allocation set aside; fund ordered to conduct thorough review and equitable redistribution. 

The Pension Funds Adjudicator, Muvhango Lukhaimane, has set aside the allocation of a death benefit by the Private Security Sector Provident Fund. 

Lukhaimane founds that the fund did not properly investigate the financial dependency of the complainant and her children on the deceased.  

The complainant, the deceased’s life partner, objected to the fund’s decision to allocate a large portion of the benefit to the deceased’s employed adult son, who was not financially dependent on his father at the time of death. 

Following the death of the member, a death benefit of R254 609.51 was payable. The fund allocated 23% to the deceased’s employed adult son, while only 10% was allocated to the unemployed life partner. The remaining amount was divided among the deceased’s minor children and stepchildren. The complainant argued that the deceased had intended her to be the sole beneficiary and stressed the financial hardship she and her children faced due to the loss of his support. 

PFA emphasizes financial dependency as key criterion 

In her ruling, Lukhaimane emphasised that legal or factual dependency alone does not guarantee a share of the death benefit; the critical factor is financial dependency on the deceased at the time of death. The adjudicator found that the deceased was living with the complainant and her children and was supporting them. However, since the complainant was still legally married to another man, it was unclear whether she and her children were financially dependent on the deceased or on her estranged husband. 

The fund’s investigation was found to be inadequate, lacking clarity on the duration of cohabitation, the marital circumstances, and the financial dependency of the complainant and her children. Without a thorough inquiry into these factors, the fund could not make an equitable allocation. 

Original death benefit allocation set aside 

Due to the fund’s failure to investigate adequately, the adjudicator set aside the original allocation and directed the fund to reconsider the financial circumstances of the complainant and her children. The fund must now conduct a full and fair investigation and allocate the death benefit equitably based on financial dependency. 

Conviction.co.za  

Get your news on the go. Click here to follow the Conviction WhatsApp channel. 

Beneficiary Rights death benefit financial dependency Pension Funds Pension Funds Adjudicator
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Businesses urged to make only provable advertising claims

June 4, 2026

Matric results publication stays public after High Court dismisses appeal by Information Regulator

June 4, 2026

Farm for sale advert slammed for misleading jacuzzi, workshop and three-phase power claims

June 3, 2026
Leave A Reply Cancel Reply

Prove your humanity: 4   +   2   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Opinion
4 Mins Read

Africa Day celebrations and the enduring gendered contradictions of African unity

By Professor Grace KhunouJune 4, 20264 Mins Read

Professor Grace Khunou argues that Africa’s unity project will remain incomplete unless the voices, experiences, and interests of women are placed at the centre of the continent’s development agenda.

Businesses urged to make only provable advertising claims

June 4, 2026

Women travel up to 300km as abortion services fail in Eastern Cape and Limpopo

June 4, 2026

Senior manager loses dismissal case before company could address CEO complaint

June 4, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Agricultural advisors declared scientists in landmark Labour Court ruling

February 17, 2026

R13,914 debt triggers sale of R380 000 home, transfer halted amid execution flaws

April 20, 2026

Understanding employee rights, workplace protections and grievance resolution in South Africa

June 8, 2025
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by