M v SALA Pension Fund (2021/5781) [2021] ZAGPJHC 444 (31 August 2021)

M v SALA Pension Fund (2021/5781) [2021] ZAGPJHC 444 (31 August 2021)

The court found that while the applicant may be entitled to 50% of the deceased's pension interest as at the date of divorce, the court order relied upon does not comply with the requirements of section 7(8) of the Divorce Act. Specifically, the order does not identify the respondent pension fund nor direct it to make payment to the applicant. As a result, the respondent is not bound by the order and is not obliged to pay the applicant her share of the pension interest. The applicant must seek satisfaction from the deceased's estate. The respondent acted in accordance with section 37C of the Pension Funds Act by paying the benefits to the deceased's dependants and nominees, and the...

Citation
[2021] ZAGPJHC 444
Parties
Applicant: M[....]1 M[....]2 E[....] M[....]3; Respondent: SALA Pension Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
31 August 2021
Case Number
2021/5781
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed.
Judges
A. De Wet
Legal Topics
Pension Interest on Divorce, Divorce Act Section 7, Pension Funds Act Section 37d, Enforcement of Settlement Agreement
Family and Children Civil Procedure Pension Interest on Divorce Divorce Act Section 7 Pension Funds Act Section 37d Enforcement of Settlement Agreement

Case Brief

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Parties

M[....]1 M[....]2 E[....] M[....]3

Applicant

SALA Pension Fund

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to 50% of the deceased's pension interest accrued at the date of divorce.
  2. 2 Whether the court order dated 2 March 2000 is binding on the respondent pension fund.
  3. 3 Whether the respondent is obliged to pay the applicant her share of the deceased's pension interest.

Ratio Decidendi

The court found that while the applicant may be entitled to 50% of the deceased's pension interest as at the date of divorce, the court order relied upon does not comply with the requirements of section 7(8) of the Divorce Act. Specifically, the order does not identify the respondent pension fund nor direct it to make payment to the applicant. As a result, the respondent is not bound by the order and is not obliged to pay the applicant her share of the pension interest. The applicant must seek satisfaction from the deceased's estate. The respondent acted in accordance with section 37C of the Pension Funds Act by paying the benefits to the deceased's dependants and nominees, and the...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.