Mom wins court battle for son’s benefits

An Eastern Cape mother has managed to convince the East London High Court to compel Eskom to pay her the benefits due to her minor son.

Thabisa Ngalo approached the court on behalf of her son, Siyamthanda, after her lover Shadrack Matsheketwa, an Eskom employee, died earlier this year.

Matsheketwa had instructed his employer to split benefits due to him between his mother and son.

Ngalo told the court that Siyamthanda had been living with her parents in Dimbaza since birth and that his father had unrestricted access to him.

Ngalo alleged that after Matsheketwa’s death in April this year, his brother Unathi Geja “misrepresented” himself to Eskom, claiming he was the child’s guardian.

“ does not and has never stayed with the minor child. He is thus not a primary caregiver to the minor child,” Ngalo said in her affidavit.

She told the court she and the boy had moved to Mossel Bay where she works and he goes to school. She said if the money was paid to Geja, who is unemployed, he might use it for things not in line with the boy’s welfare.

“The minor child will suffer irreparable harm if his benefit is paid to ,” the papers read.

She said as his biological mother and natural guardian, she had his best interests at heart.

“ will spend the money towards current and future educational and other needs of the child such as shelter, food, clothing and transport,” the court papers read.

Yesterday, Eskom was interdicted and restrained from paying Geja the boy’s half of Matsheketwa’s benefits. Eskom was ordered to pay the benefits to Ngalo.

Geja was further ordered to pay costs of the application.