MUSIMHI v PUBLIC SERVICE COMMISSION & ORS 2019 (3) ZLR 865 (H)

2019 (3) ZLR p865

Flynote

Administration of estates – estate – property forming estate – does not include pension rights – accruing to deceased and payable to family

Administration of estates – spouse – who is surviving spouse for purposes of pension benefit – deceased husband married under Customary Marriages Act – later married second wife under Marriage Act while first marriage subsisted – second marriage not recognised for purposes of pension payments

Customary law – marriage – subsequent marriage under civil law – neither marriage dissolved – death of husband – entitlement of widow from first marriage to husband's pension

Family law – husband and wife – marriage – one wife married under customary law and other under civil law – subsequent death of husband – entitlement to husband's pension benefits