Herbst v Sanlam Life Insurance Limited and Others (13776/2012) [2014] ZAWCHC 30 (12 March 2014)

Herbst v Sanlam Life Insurance Limited and Others (13776/2012) [2014] ZAWCHC 30 (12 March 2014)

The court held that the applicant's entitlement to a share of the retirement annuity was governed by the statutory definition of 'pension interest' under the Divorce Act and the Pension Funds Act. Sanlam correctly calculated and paid the applicant 50% of the pension interest as at the date of divorce. The living...

Source-derived case information.

Citation
[2014] ZAWCHC 30
Parties
Applicant: Maria Susanna Elizabeth Herbst; Respondent: Sanlam Life Insurance Limited; Respondent: Hanelie Herbst (on behalf of Sean Herbst)
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
12 March 2014
Case Number
13776/2012
Procedural Posture
Civil Application / Final Judgment After Opposed Application
Outcome
Application against the first respondent dismissed with costs. Relief against the second respondent postponed sine die.
Judges
J Cloete
Legal Topics
Retirement Annuity, Divorce Settlement, Pension Interest, Prescription of Claims, Statutory Interpretation
Civil Procedure Commercial and Corporate Retirement Annuity Divorce Settlement Pension Interest Prescription of Claims Statutory Interpretation

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Parties

Maria Susanna Elizabeth Herbst

Applicant

Sanlam Life Insurance Limited

Respondent

Hanelie Herbst (on behalf of Sean Herbst)

Respondent

Procedural Posture

Civil Application / Final Judgment After Opposed Application

Legal Issues

  1. 1 Whether the applicant is entitled to 50% of the proceeds of the living annuity purchased by the deceased after divorce.
  2. 2 Whether Sanlam Life Insurance Limited is bound by the divorce settlement agreement to pay the applicant 50% of the living annuity proceeds.
  3. 3 Whether any claim by the applicant against Sanlam has prescribed under the Prescription Act.

Ratio Decidendi

The court held that the applicant's entitlement to a share of the retirement annuity was governed by the statutory definition of 'pension interest' under the Divorce Act and the Pension Funds Act. Sanlam correctly calculated and paid the applicant 50% of the pension interest as at the date of divorce. The living annuity purchased by the deceased after divorce did not form part of the applicant's entitlement, and Sanlam was not bound by the divorce settlement agreement to pay any further amounts. Furthermore, any claim the applicant may have had against Sanlam had prescribed, as she was aware of the facts and the identity of the debtor by August 2008 but took no further steps until May...

Court Disposition

Application against the first respondent dismissed with costs. Relief against the second respondent postponed sine die.

Orders

  • The application against the first respondent is dismissed with costs, including costs incurred in respect of the urgent application and postponements on 7 November 2012 and 13 November 2013.
  • The relief sought against the second respondent is postponed sine die.