A Durban woman has accused a Momentum claims investigator of colluding with a prosecutor to deprive her of her share of a R30m life insurance payout after her boyfriend died, apparently from Covid, shortly after he took out life cover worth millions. She also alleges that a doctor signed off the boyfriend's death certificate without seeing his body.
But Momentum told News24 it stands by its investigator and has no doubts about his integrity. It also argues that the woman’s claim is fraudulent.
The matter dates back to April 2020 when 26-year-old Ha San Kazi was reported to have died from Covid-19 four months after taking out R30m in life cover.
A death certificate was issued by Home Affairs after 85-year-old Dr Eric van der Veen reported he had examined the body and confirmed the death.
Kazi was allegedly cremated, and the woman, believing she was entitled to at least half of the death benefit, lodged a claim with Momentum.
The other half of the money was allocated to a family trust.
The insurance company, however, suspected fraud and reported the claim to the police.
The Hawks investigated but the case was closed after a junior prosecutor declined to prosecute, saying there was insufficient evidence. However, the matter was reopened at the request of a senior prosecutor after Momentum made representations to her.
KwaZulu-Natal NPA spokesperson Natasha Kara said the senior prosecutor overturned her junior’s decision because she believed “the docket was prematurely closed as there were investigations still outstanding, and also …suspects who could be linked to the commission of the offence”.
One of those suspects was the doctor, Van der Veen, who was arrested and charged with fraud.
In December last year, he entered into a plea deal with the state, and told the Durban Magistrate’s Court that a funeral parlour owner had asked him to certify two dead bodies, for R500 each.
He said this was in the early stages of the pandemic and he took the word of the funeral parlour’s owner that all was above board.
He then signed the documents.
The doctor’s legal team negotiated a non-custodial sentence with the state and the pensioner received an eight-year sentence, wholly suspended on condition he was not convicted of fraud again.
KwaZulu-Natal Hawks spokesperson Captain Simphiwe Mhlongo said they closed a case docket after the doctor was sentenced in December 2023.
According to the woman, Momentum used the details of the fraud that emerged in the doctor’s plea deal to continue to deny her claim.
Review application
Last Thursday, the woman launched a review application in the KwaZulu-Natal High Court (Durban) to challenge Van der Veen’s plea deal.
Meanwhile, in an affidavit accompanying a letter of complaint addressed to Momentum dated 20 December 2023, the woman said she was languishing in poverty while being denied financial benefits allegedly due to her.
She accused the Momentum investigator and the prosecutor of collusion, laying a complaint with the police against them.
The NPA and Momentum both denied allegations of collusion.
The matter is expected to be argued before a civil court at a date to be determined.
See more from MedicalBrief archives:
Durban doctor (85) convicted over fake death certificates
I’m too old to stand trial, says fraud accused doctor (85)
SA nurse in UK fakes husband’s death, struck off the roll