South Africa Case Law

Machipi and Another v Palabora Mining Company Board of Trustees of Palabora and Others (2023-062156)

Machipi and Another v Palabora Mining Company Board of Trustees of Palabora and Others (2023-062156) [2025] ZAGPPHC 84 (6 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2023-062156

Judge

N G M Mazibuko

The court found that section 37C of the Pension Fund Act does not apply to the group life insurance policy administered by Sanlam. The nomination form signed by the deceased is binding regarding the allocation of benefits under the group life insurance policy. The Fund trustees have no jurisdiction to allocate these benefits, and any attempt to do so would be ultra vires. The applicants, as nominated beneficiaries, are entitled to payment of the group life insurance benefits in accordance with the nomination form. The respondents are jointly and severally liable for the costs of the applicati…

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• Group Life Insurance
• Nomination Of Beneficiaries
• Pension Fund Act Section 37c
• Long Term Insurance Act
• Trustee Jurisdiction
• Specific Performance

Pieterse v Shrosbree and Others , Shrosbree v Love and Others (146/02 , 435/03)

Pieterse v Shrosbree and Others , Shrosbree v Love and Others (146/02 , 435/03) [2004] ZASCA 129; [2006] 3 All SA 343 (SCA); 2005 (1) SA 309 (SCA) (23 September 2004)

Court

Supreme Court of Appeal

Case number

146/02 , 435/03

Judges

MPATI, STREICHER, FARLAM, HEHER, PONNAN

The Supreme Court of Appeal held that section 63 of the Long Term Insurance Act does not entitle the trustee of an insolvent deceased’s estate to the proceeds of insurance policies in preference to nominated beneficiaries. The nomination of a beneficiary under a life insurance policy creates a contract for the benefit of a third party, and upon acceptance, the beneficiary acquires enforceable rights against the insurer. Section 63 does not purport to divert the proceeds from the beneficiary to the estate, nor does it vest any interest in the trustee. Furthermore, in the Pieterse matter, the p…

Source excerpt

• Long Term Insurance Act
• Effect Of Insolvency On Life Policies
• Nomination Of Beneficiaries
• Declaratory Relief
• Stipulatio Alteri

Kaplan and Katz NNO and Another v Proffesional and Executive Retirement Fund and Another (292/97)

Kaplan and Katz NNO and Another v Proffesional and Executive Retirement Fund and Another (292/97) [1999] ZASCA 27; [1999] 3 All SA 1 (A) (14 May 1999)

Court

Supreme Court of Appeal

Case number

292/97

Judges

Hefer, Grosskopf, Howie, Plewman, Streicher

The Supreme Court of Appeal held that section 37C(1) of the Pension Funds Act overrides beneficiary nominations and upheld the fund’s allocation to dependants.

• Pension Funds Act
• Nomination Of Beneficiaries
• Statutory Override
• Delegatus Delegare Non Potest
• Pension-funds-act
• Beneficiary-nominations