M N v F N (714/2018) [2019] ZASCA 185; 2020 (2) SA 410 (SCA) (3 December 2019)

M N v F N (714/2018) [2019] ZASCA 185; 2020 (2) SA 410 (SCA) (3 December 2019)

The Supreme Court of Appeal held that the reference to 'pension fund' in the divorce order, interpreted in the context of the Divorce Act and Pension Funds Act, included both the pension and provident fund sections of the University of Limpopo Retirement Fund. The statutory definitions and the object of providing annuities or lump sum payments encompass both types of funds. No variation of the original order was necessary; a declaratory order sufficed to clarify entitlement. The fund administrator's role was administrative, and non-joinder was not fatal, especially as the administrator abided by the court's decision. The appeal succeeded, and the appellant was entitled to payment from...

Citation
[2019] ZASCA 185
Parties
Appellant: M N; Respondent: F N
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
3 December 2019
Case Number
714/2018
Procedural Posture
Civil Appeal / Appeal From Limpopo Division of the High Court, Polokwane
Outcome
Appeal upheld; order of the regional court set aside and replaced with a declaratory order in favour of the appellant.
Judges
Petse, Leach, Swain, Mbatha, Dolamo
Legal Topics
Divorce Act Interpretation, Pension Interest Assignment, Provident Fund Inclusion, Clean Break Principle
Family and Children Civil Procedure Divorce Act Interpretation Pension Interest Assignment Provident Fund Inclusion Clean Break Principle

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Parties

M N

Appellant

F N

Respondent

Procedural Posture

Civil Appeal / Appeal From Limpopo Division of the High Court, Polokwane

Legal Issues

  1. 1 Does the reference to 'pension fund' in the divorce order include both the pension and provident fund sections of the University of Limpopo Retirement Fund?
  2. 2 Is variation of the original divorce order necessary to entitle the appellant to payment from both sections?
  3. 3 Was non-joinder of the fund administrator a bar to relief?

Ratio Decidendi

The Supreme Court of Appeal held that the reference to 'pension fund' in the divorce order, interpreted in the context of the Divorce Act and Pension Funds Act, included both the pension and provident fund sections of the University of Limpopo Retirement Fund. The statutory definitions and the object of providing annuities or lump sum payments encompass both types of funds. No variation of the original order was necessary; a declaratory order sufficed to clarify entitlement. The fund administrator's role was administrative, and non-joinder was not fatal, especially as the administrator abided by the court's decision. The appeal succeeded, and the appellant was entitled to payment from...

Court Disposition

Appeal upheld; order of the regional court set aside and replaced with a declaratory order in favour of the appellant.

Orders

  • The appeal succeeds with costs, excluding costs incurred by the appellant at the hearing on 12 September 2019.
  • It is declared that the order of the North Eastern Divorce Court issued on 6 December 2004, that 50 per cent of the respondent’s right and interest in the University of the North Pension Fund be paid to the appellant, includes the respondent’s right and interest in the pension fund section, as well as the provident...