The Life Insurance Division of the National Financial Ombud Scheme has ruled in favour of a woman seeking funeral benefits from Sanlam Life Insurance Ltd, affirming her status as the customary wife of her deceased partner.
The complainant, who had been in a long-term relationship with the deceased, was left reeling after the tragic passing of her partner.
After years of living together, raising two children, and the commitment to pay lobola, her claim for funeral benefits was initially denied by the insurer.
The company contended that the complainant did not meet the definition of the deceased’s spouse as outlined in their policy and claimed she had not adhered to traditional mourning customs by sitting on the mattress to mourn the deceased.
In African customs, after a person’s death and before the funeral, the furniture is removed from the bedroom, and the widow is expected to sit on a mat or mattress while covering herself with a blanket.
Denise Gabriels, Lead Ombud of the Life Insurance Division, ruled that the insurer should pay the claim on the grounds of equity and fair treatment, despite the insurer contesting the validity of the marriage due to non-compliance with certain customs and policy definitions.
The case took a significant turn amid revelations that despite their years together, the complainant and the deceased had lived apart intermittently due to the latter’s relocation for employment opportunities.
However, Gabriels remarked that it was evident the couple had maintained a spousal relationship despite geographical challenges.
Gabriels said the complainant had named the deceased as her spouse in a policy underwritten by Sanlam Life Insurance Ltd. Eight years later, the deceased passed away due to natural causes.
The claim documents identified them as life partners.
Although the insurer contested the validity of this relationship based on a lack of traditional mourning and the couple’s temporary separation, the Ombud maintained that customary law evolves to reflect social realities.
The ruling was substantiated by affidavits from family members confirming the union and by documented evidence of financial support, including bank statements showing regular deposits from the deceased.
Furthermore, both parties had intended to enter into a customary marriage after the payment of lobola, a consideration that contributed significantly to the Ombud’s final decision.
In a bid to validate the insurer’s position, Sanlam argued that a customary marriage mandate requires a formal ceremony, asserting that lobola payment alone does not constitute a recognised union.
Nevertheless, the adjudicators eventually concluded that the absence of formal customs cannot negate the existence of a valid customary marriage.
They pointed out that both parties viewed themselves as spouses and asserted that socioeconomic circumstances often dictate living arrangements.
In concluding remarks, the adjudicators urged the insurer to honour the funeral benefit claim based on principles of justice, fairness, and respect for the cultural practices, indicating a customary marriage.
Ultimately, Sanlam complied with the final ruling and agreed to disburse the claimed funds.
(IOL News)
