Sindane v Sentinel Retirement Fund and Others (93656/2016) [2019] ZAGPPHC 274 (27 June 2019)

Sindane v Sentinel Retirement Fund and Others (93656/2016) [2019] ZAGPPHC 274 (27 June 2019)

The court found that the applicant's review application was filed approximately 20 months after the Adjudicator's determination, far outside the statutory six-week period prescribed by section 30P of the Pension Funds Act and the 180-day period under PAJA. The applicant failed to provide a satisfactory explanation for the delay, and her alleged financial constraints were not substantiated by evidence or affidavits from her attorneys. On the merits, the applicant did not prove she was a dependant or spouse of the deceased as defined by the Act or the Fund's Rules. The deceased's civil marriage to Ms Masina rendered any subsequent customary marriage with the applicant void and invalid under...

Citation
[2019] ZAGPPHC 274
Parties
Applicant: Thembisile Sindane; Respondent: Sentinel Retirement Fund; Respondent: Xstrata Colliery Ltd; Respondent: The Pension Funds Adjudicator; Respondent: Santy Pretty Masina; Respondent: Lettie Mphanga; Respondent: Nomthandazo Mthethwa; Respondent: S L Mthethwa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 June 2019
Case Number
93656/2016
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
RG Tolmay
Legal Topics
Pension Fund Death Benefits, Customary Marriage Validity, Condonation for Late Filing, Dependant Status, Recognition of Customary Marriages Act, Section 37c Pension Funds Act
Civil Procedure Banking and Finance Family and Children Pension Fund Death Benefits Customary Marriage Validity Condonation for Late Filing Dependant Status Recognition of Customary Marriages Act +1 more

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Parties

Thembisile Sindane

Applicant

Sentinel Retirement Fund

Respondent

Xstrata Colliery Ltd

Respondent

The Pension Funds Adjudicator

Respondent

Santy Pretty Masina

Respondent

Lettie Mphanga

Respondent

Nomthandazo Mthethwa

Respondent

S L Mthethwa

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to condonation for the late filing of the review application.
  2. 2 Whether the applicant qualifies as a dependant or spouse of the deceased under the Pension Funds Act and the Rules of the Fund.
  3. 3 Whether the Pension Funds Adjudicator's determination should be set aside and substituted.

Ratio Decidendi

The court found that the applicant's review application was filed approximately 20 months after the Adjudicator's determination, far outside the statutory six-week period prescribed by section 30P of the Pension Funds Act and the 180-day period under PAJA. The applicant failed to provide a satisfactory explanation for the delay, and her alleged financial constraints were not substantiated by evidence or affidavits from her attorneys. On the merits, the applicant did not prove she was a dependant or spouse of the deceased as defined by the Act or the Fund's Rules. The deceased's civil marriage to Ms Masina rendered any subsequent customary marriage with the applicant void and invalid under...

Court Disposition

Application dismissed with costs.

Orders

  • The application for postponement is dismissed.
  • The review application is dismissed.