Mampe v Amplats Retirement Fund and Others (8074/2015) [2017] ZAGPPHC 687 (30 October 2017)

Mampe v Amplats Retirement Fund and Others (8074/2015) [2017] ZAGPPHC 687 (30 October 2017)

The court held that section 37C of the Pension Funds Act expressly overrides any contrary provisions in other laws, including the Intestate Succession Act, regarding the distribution of pension benefits upon the death of a member. The lump sum benefit payable by the fund does not form part of the deceased's estate and must be distributed by the Board of Trustees in accordance with the Pension Funds Act and the fund's rules. The applicant's reliance on section 1(1)(c) of the Intestate Succession Act was therefore misplaced, and the Board of Trustees acted within their statutory mandate. The application was dismissed as the applicant failed to establish a valid cause of action under the...

Citation
[2017] ZAGPPHC 687
Parties
Applicant: Makalela Maggy Mampe; Respondent: Amplats Retirement Fund; Respondent: Old Mutual Assurance Company; Respondent: Paulina Makgobela Selala; Respondent: Paulina Makgobela Selala on behalf of Romeo Selala; Respondent: Makhokhoba Michael Mampe on behalf of Tshiamo Teshepo Ditibane; Respondent: Mazy Katrina Mampe; Respondent: Makhokhoba Michael Mampe
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 October 2017
Case Number
8074/2015
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Petersen
Legal Topics
Pension Fund Benefits, Intestate Succession, Section 37c Pension Funds Act
Civil Procedure Banking and Finance Pension Fund Benefits Intestate Succession Section 37c Pension Funds Act

Case Brief

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Parties

Makalela Maggy Mampe

Applicant

Amplats Retirement Fund

Respondent

Old Mutual Assurance Company

Respondent

Paulina Makgobela Selala

Respondent

Paulina Makgobela Selala on behalf of Romeo Selala

Respondent

Makhokhoba Michael Mampe on behalf of Tshiamo Teshepo Ditibane

Respondent

Mazy Katrina Mampe

Respondent

Makhokhoba Michael Mampe

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant, as executrix and surviving spouse, and the deceased's son are entitled to the deceased's retirement fund benefits under section 1(1)(c) of the Intestate Succession Act.
  2. 2 Whether the Board of Trustees' decision to exclude the applicant and the deceased's son as beneficiaries should be set aside.
  3. 3 Whether section 37C of the Pension Funds Act overrides the Intestate Succession Act in the distribution of pension benefits.

Ratio Decidendi

The court held that section 37C of the Pension Funds Act expressly overrides any contrary provisions in other laws, including the Intestate Succession Act, regarding the distribution of pension benefits upon the death of a member. The lump sum benefit payable by the fund does not form part of the deceased's estate and must be distributed by the Board of Trustees in accordance with the Pension Funds Act and the fund's rules. The applicant's reliance on section 1(1)(c) of the Intestate Succession Act was therefore misplaced, and the Board of Trustees acted within their statutory mandate. The application was dismissed as the applicant failed to establish a valid cause of action under the...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.