M.C.M v M.M and Others (34709/2003) [2020] ZAGPPHC 505 (9 September 2020)

M.C.M v M.M and Others (34709/2003) [2020] ZAGPPHC 505 (9 September 2020)

The applicant is entitled to 50% of the first respondent's pension benefits held by the Government Employees Pension Fund as at the date of dissolution of the marriage, as the marriage was in community of property and the joint estate was ordered to be divided equally. The right to the pension benefit accrued at the date of divorce, and the mechanism for payment must now be enforced. The delay in bringing the application is condoned, as no prejudice has been or will be suffered by the first respondent, and the pension benefits remain secure with the GEPF. The omission in the attestation certificate of the first respondent's opposing affidavit is trivial and does not invalidate the...

Citation
[2020] ZAGPPHC 505
Parties
Applicant: M[….] C[….] M[….]; Respondent: M[….] M[….]; Respondent: GOVERNMENT EMPLOYEE PENSION FUND; Respondent: MOTLOBA ATTORNEYS
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 September 2020
Case Number
34709/2003
Procedural Posture
Civil Application / Application for Enforcement of Pension Division Order Post Divorce
Outcome
Application granted. The applicant is entitled to 50% of the first respondent's pension benefits as at 1 August 2007.
Judges
Skosana
Legal Topics
Division of Joint Estate, Pension Interest in Divorce, Customary Marriage, Condonation of Delay
Family and Children Civil Procedure Division of Joint Estate Pension Interest in Divorce Customary Marriage Condonation of Delay

Case Brief

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Parties

M[….] C[….] M[….]

Applicant

M[….] M[….]

Respondent

GOVERNMENT EMPLOYEE PENSION FUND

Respondent

MOTLOBA ATTORNEYS

Respondent

Procedural Posture

Civil Application / Application for Enforcement of Pension Division Order Post Divorce

Legal Issues

  1. 1 Whether the applicant is entitled to 50% of the first respondent's pension benefits held by the Government Employees Pension Fund as at the date of dissolution of marriage.
  2. 2 Whether the delay in bringing the application should be condoned.
  3. 3 Whether the first respondent's opposing affidavit is invalid due to non-compliance with the Regulations Governing the Administration of Oaths.

Ratio Decidendi

The applicant is entitled to 50% of the first respondent's pension benefits held by the Government Employees Pension Fund as at the date of dissolution of the marriage, as the marriage was in community of property and the joint estate was ordered to be divided equally. The right to the pension benefit accrued at the date of divorce, and the mechanism for payment must now be enforced. The delay in bringing the application is condoned, as no prejudice has been or will be suffered by the first respondent, and the pension benefits remain secure with the GEPF. The omission in the attestation certificate of the first respondent's opposing affidavit is trivial and does not invalidate the...

Court Disposition

Application granted. The applicant is entitled to 50% of the first respondent's pension benefits as at 1 August 2007.

Orders

  • Condonation for non-compliance of the first respondent's opposing affidavit with the Regulation governing the administering of Oaths is granted.
  • The Government Employees Pension Fund is ordered to pay to the applicant an amount equal to 50% of the first respondent's pension fund benefits and interest as calculated on 01 August 2007 and held by the GEPF under pension no. [….].