Wife Wins Pension Dispute, Blocks Late Husband’s Girlfriend from R560K Eskom Fund

A Widow, A Girlfriend, and a R560K Pension: Inside a Legal Tug-of-War Over Love, Loss, and Loyalty

When Z Madlala passed away in December 2022, he left behind more than just grief, he left behind a stormy inheritance battle that would pit his legal wife against a longtime girlfriend, all over a R560,000 Eskom pension fund payout.

It’s a story that plays out all too often in South African households, where customary unions, long-distance marriages, and modern-day cohabitation blur the lines between law and love.

A Widow’s Surprise: Half the Pension Goes to Another Woman

L.A. Magoso, Madlala’s wife and the mother of five of his children, was stunned when the Eskom Pension and Provident Fund decided to allocate just 28% of the pension to her, and an equal share to Eslina Ngomane, a woman claiming to be Madlala’s girlfriend of nearly a decade.

Madlala, a former Eskom employee, had nominated Magoso to receive 80% of the benefit, yet when he died, the fund board chose to disregard that nomination, dividing the rest among his children and the woman Magoso had never heard of.

Feeling betrayed and suspicious, Magoso took the fight to the Pension Fund Adjudicator (PFA)—and came out victorious.

Who Was Ngomane, and Why Was She Included?

Ngomane wasn’t a stranger to the fund’s board. She presented documents and testimonies showing a relationship with Madlala since 2014, including cohabitation in Witbank, shared expenses, and even a lobola letter from 2019, confirming Madlala had paid part of her bride price.

She was also unemployed, in her early fifties, and reportedly financially dependent on Madlala. The fund used these facts to label her a factual dependent, qualifying her for consideration under pension law, even though she wasn’t his legal or customary wife.

But Magoso wasn’t buying it. She questioned the authenticity of the nomination form, submitted just eight months before Madlala’s death, when he was already gravely ill. She also raised concerns about the lack of transparency and the surprise inclusion of a woman unknown to the family.

Cultural Clashes and Legal Grey Areas

South Africa’s unique blend of civil and customary marriage laws often creates tension in inheritance cases. Madlala had a legal wife in KwaZulu-Natal, but he lived full-time with Ngomane in Witbank. It’s the kind of dual-life reality that isn’t uncommon, but when death comes, the legal aftermath can get messy.

Ngomane wasn’t listed as a customary spouse, which might have given her legal rights. But she was deemed a life partner, a category that’s increasingly gaining recognition in court cases involving dependents and estate claims.

The Eskom fund tried to balance this by offering Ngomane 28%, but the adjudicator found the board’s process to be flawed and superficial.

Adjudicator Calls for a Do-Over

PFA Muvhango Lukhaimane wasn’t impressed by how the board reached its decision.

She noted that Madlala’s stated wishes, the financial needs of the actual dependents, and the number of children involved weren’t fully considered. She said it was “not satisfactory” and ordered the fund to reassess the allocation using a fairer, more detailed approach.

Social Media Reacts: “This Happens Every Day”

The story struck a nerve online, especially among women. Social media lit up with users sharing similar experiences or warning about the risks of informal relationships and lack of proper estate planning.

On Facebook, one user wrote:

“My uncle’s pension was also claimed by a girlfriend no one even knew existed. We need to have these conversations with our elders before it’s too late.”

Another added:

“Lobola without family consensus means nothing. Good on the wife for standing up.”

Takeaway: Know Your Rights, Secure Your Legacy

This case is more than just family drama. It’s a wake-up call about the importance of clear, updated beneficiary nominations, legal clarity in long-term relationships, and facing the uncomfortable truths about financial planning.

For now, the board has to go back to the drawing board. But for many South African families, the real work begins at home, talking about money, marriage, and what happens when the breadwinner is gone.

Whether you’re a spouse, a partner, or a child, pension fund decisions can reshape your future. Be part of them while there’s still time.

{Source: The Citizen}

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