Durban - AN employee who allegedly stole money from the KZN Blind and Deaf Society died four days after she was suspended - and now the society is trying to recoup her full pension benefits.
According to a Pietermaritzburg High Court application, the woman, identified as Marashni Cattigan, could have committed suicide - as no suspects were being investigated for her death.
The application was made last Thursday by the society, in a bid to recover R629 503 from Cattigan’s Old Mutual Superfund Provident Fund.
As per an affidavit attached to the application, Amarvetha Sewkuran, the society’s chairperson, said they wanted to recoup the money from the provident fund.
But they found out that Cattigan’s payout only amounted to R474424, which they agreed to settle with.
Cattigan started working at the society as an acting manager in 2017 and was based at its regional office, in Pietermaritzburg.
Due to her senior position, she was made privy to the society’s financials and was mandated to make payments on the society’s behalf.
She had access to the regional committee’s bank accounts.
In December 2018, the society realised it had no money to pay staff salaries.
Zak Yacoob, the society’s president at the time, sent letters to the staff informing them that services would be terminated on January 31, 2019.
The regional committee decided to hold off and try to raise funds to pay the salaries.
Yacoob had told the POST at the time that a well-wisher, who heard about the missing money, donated R500000 to the society.
He and another board member each contributed R100 000 to ensure the staff were paid. During this time, the society found that R65000 was transferred from its bank account to Cattigan’s account.
Sewkuran said Cattigan went to India for a holiday soon after. On February 4, 2019, Cattigan confessed to taking the money. Her confession was recorded.
She was suspended with immediate effect and without pay.
Sewkuran said: “Further investigation revealed that R620503 was stolen by Cattigan.
“The deceased’s payout is only R474424 and we believe there is not enough money in the deceased’s estate to satisfy the claim of R620503.”
Sewkuran said the Pietermaritzburg branch depended on donations for services rendered to the blind and deaf community.
“We are only able to keep our doors open because of loans from the Durban branch. This has resulted in Durban being adversely affected. The whole of KZN will be compromised if the pension payout and the society are unable to recover the money.”
Meanwhile, in March last year, Shamilla Surjoo was dismissed as the society’s director on the basis that the money went missing under her watch.
Yacoob, who took over from Surjoo as acting director at the time, said at least R12million was looted from the society’s bank accounts over a five year period.
The following month, Yacoob stepped down as the president and acting director.
He read out his resignation during the society’s special general meeting, after finding problems at the society too big to solve.
“It is too much for me. I took upon myself a job which I should never have done. Hopefully, I have not harmed the society by doing so. My intention was to the contrary.”
Surjoo has since been re-instated, with six months of back pay, after she took the society to the CCMA for unfair dismissal. She allegedly does not hold the same title but is now the director of fundraising.
While Surjoo did not want to comment on her reinstatement, the CCMA confirmed: “According to the system, the case was sitting for arbitration on October 14, 2019. It was settled. The applicant is reinstated and compensated.”
Denika Pillay, the society’s spokesperson, previously told the POST that as per the settlement agreement, terms and conditions were to remain confidential.
This week, Sewkuran said she could not comment because the matter was in court
Ursula van der Westhuizen, spokesperson for Old Mutual said the court matter was between the beneficiaries of the deceased employee and her former employer, the KZN Blind and Deaf Society.
van der Westhuizen said as an employer, the Society provided retirement benefits for its employees and participated in the Old Mutual SuperFund, which is administered by Old Mutual.
"Mrs Cattigan, as an employee of the Society, was therefore a member of the Old Mutual SuperFund. She allegedly committed theft / fraud against the company, and therefore they are seeking to recover the money from the retirement fund."
van der Westhuizen said as a retirement fund, the Old Mutual SuperFund was governed by the Pensions Fund Act.
She said in terms of section 37D of the Act, where a member has committed theft / fraud against his / her employer, the employer may recover the amount from the member's benefit, if the member has signed a written admission of liability or the employer has obtained a court order for such a deduction.
"In this case, the member, Ms Cattigan, passed away without signing a written admission of guilt. Therefore, the KZN Blind and Deaf Society has brought the matter to court, requesting that the court rules in their favour by allowing Old Mutual SuperFund to deduct the amount of the alleged theft / fraud from her benefit and to pay it to the company, instead of to her nominated beneficiaries.
"Old Mutual is impartial in the matter and will comply with the court’s ruling."