Letsoalo and Others v Lukhaimane NO and Others (48743/16) [2017] ZAGPPHC 1246 (13 December 2017)

Letsoalo and Others v Lukhaimane NO and Others (48743/16) [2017] ZAGPPHC 1246 (13 December 2017)

The court found that the board of trustees of the University of Limpopo Retirement Fund properly exercised its discretion under section 37C of the Pension Funds Act by identifying and distributing the death benefit to all persons who qualified as dependants, including factual dependants. The evidence showed that the Fifth, Sixth, and Seventh Respondents were financially dependent on the deceased, supported by facts such as payment of lobola, financial support, and inclusion on the deceased's medical aid. The applicants did not dispute these facts. The court held that the benefit payable by a pension fund upon the death of a member must be distributed in terms of section 37C, and not...

Citation
[2017] ZAGPPHC 1246
Parties
Applicant: Antanasova-Letsoalo Antonaneta Lioubenova NO; Applicant: Antonaneta Lioubenova; Applicant: Lehlogonolo Letsoalo; Respondent: M A Lukhaimane NO; Respondent: The Board of Trustees, University of Limpopo, Retirement Fund; Respondent: Alexander Forbes Administration Services (Pty) Ltd; Respondent: The Master of High Court, Polokwane; Respondent: Koena Letty Mokoatedi; Respondent: Masefenya Letsoalo; Respondent: Ofentse Letsoalo
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 December 2017
Case Number
48743/16
Procedural Posture
Review Application / Application to Review and Set Aside Pension Fund Adjudicator's Determination Under Section 30 P of the Pension Funds Act.
Outcome
Application dismissed with costs.
Judges
Mudau
Legal Topics
Pension Funds Act, Distribution of Death Benefits, Dependant Definition, Judicial Review of Adjudicator, Trustee Discretion, Section 37c Distribution
Administrative Law Civil Procedure Banking and Finance Pension Funds Act Distribution of Death Benefits Dependant Definition Judicial Review of Adjudicator Trustee Discretion +1 more

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Parties

Antanasova-Letsoalo Antonaneta Lioubenova NO

Applicant

Antonaneta Lioubenova

Applicant

Lehlogonolo Letsoalo

Applicant

M A Lukhaimane NO

Respondent

The Board of Trustees, University of Limpopo, Retirement Fund

Respondent

Alexander Forbes Administration Services (Pty) Ltd

Respondent

The Master of High Court, Polokwane

Respondent

Koena Letty Mokoatedi

Respondent

Masefenya Letsoalo

Respondent

Ofentse Letsoalo

Respondent

Procedural Posture

Review Application / Application to Review and Set Aside Pension Fund Adjudicator's Determination Under Section 30 P of the Pension Funds Act.

Legal Issues

  1. 1 Whether the Pension Fund Adjudicator's determination dismissing the applicants' complaint was correct in law.
  2. 2 Whether the board of trustees properly exercised its discretion under section 37C of the Pension Funds Act in identifying and distributing benefits to dependants.
  3. 3 Whether the applicants established a right to exclusive entitlement to the death benefits of the deceased.

Ratio Decidendi

The court found that the board of trustees of the University of Limpopo Retirement Fund properly exercised its discretion under section 37C of the Pension Funds Act by identifying and distributing the death benefit to all persons who qualified as dependants, including factual dependants. The evidence showed that the Fifth, Sixth, and Seventh Respondents were financially dependent on the deceased, supported by facts such as payment of lobola, financial support, and inclusion on the deceased's medical aid. The applicants did not dispute these facts. The court held that the benefit payable by a pension fund upon the death of a member must be distributed in terms of section 37C, and not...

Court Disposition

Application dismissed with costs.

Orders

  • The application to set aside the Pension Fund Adjudicator's determination is dismissed.
  • The applicants are ordered to pay the costs of the application.