Estranged husband who received R1. 5 million from RAF fights late wife's children for a share on her R1. 1 million pension fund
Despite receiving R1.5 million from the Road Accident Fund (RAF), a man was disgruntled after the Pension Fund Adjudicator (PFA) excluded him from his late wife’s over R1.1 million pension fund.
Alexanda Moshimane Molokwane was married to Cynthia Thandi Ndlovu who died in August 2019, leaving behind a substantial death benefit exceeding R1.1 million.
Upon her passing, Discovery retirement annuity funds allocated the death benefit equally between Molokwane and Ndovu’s two children.
However, this arrangement was soon challenged by the children, leading to a reallocation of the funds and leaving Molokwane empty-handed.
Aggrieved by this decision, Molokwane laid a complaint with the Pension Funds Adjudicator (PFA) and submitted that he was Ndlovu’s surviving spouse.
Though the couple had been estranged, he asserted that Ndlovu had financially supported him up until her death, claiming he relied on her for all his living expenses.
However, the Pension Funds Adjudicator (PFA) took a different view, presenting a range of factors that influenced their ruling. Notably, they acknowledged that Molokwane had recently received R1.5 million from RAF, which called into question his claims of financial dependence on Ndlovu.
Additional evidence revealed that Ndlovu had initiated divorce proceedings, filed a restraining order against him, and did not have an obligation to provide post-divorce support under their marital property regime.
Despite being asked to substantiate his dependency, Molokwane struggled to provide adequate proof. His bank statements also failed to illustrate any financial support from Ndlovu following their separation until her time of death.
The evidence was compounded by testimonies from Ndlovu’s family, including a niece who confirmed that the children were Ndlovu’s only dependents.
Ultimately, the PFA dismissed Molokwane’s application in January 2024, leading him to escalate the issue to the Financial Services Tribunal (FST).
The FST said considering the fact that Molokwane had received an extensive amount of money from RAF and his failure to produce dependency from his late wife, the PFA’s ruling cannot be faulted.
Consequently, his application for reconsideration was dismissed.
sinenhlanhla.masilela@iol.co.za
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