[1] The Plaintiff claimed against the defendant the sum of R703 898, 35 with ancillary reliefs, which amount the plaintiff alleged was due and payable and arising out of the death benefits of her late husband Mr Qhinga Hastings Nhlabathi (“the deceased").

[2] It is common cause that the deceased was a member of Multikor Pension Fund. The death benefits prior to retirement were as follows:

2.1 Group life cover was.........R1 178 130. 00

2.2 Member's share was..........R1 015 087. 72

2.3 Spouses cover was................R196 355.00

[3] The Defendant raised a special plea that:

3.1 The plaintiffs claim arises from a pension fund benefit wherein the plaintiff was nominated as a beneficiary by her late husband who died in 2009. The plaintiff became aware of the benefits on or about 3rd August 2009;

3.2 The plaintiffs claim (which is a debt) became due and payable from February 2010 as per the plaintiffs summons after the other portion of the claim (the Group Life Cover) was dully paid by the defendant;

3.3 The plaintiffs summons was served during or about 21 March 2013, which is more than three years after the date on which the claim arose.

3.4 In the premises plaintiffs claim constitute a debt for purposes of sll (d) and 12 of the Prescription Act 68 of 1969 and has therefore prescribed.

The plaintiff denied that the matter has prescribed.