Moephuli v Government Employees Pension Fund and Another (14405/2016) [2017] ZAGPPHC 505 (21 August 2017)

Moephuli v Government Employees Pension Fund and Another (14405/2016) [2017] ZAGPPHC 505 (21 August 2017)

The court found that the first respondent acted negligently and recklessly by enforcing a second divorce order that was void and conflicted with the original order regarding the applicant's pension fund interest. The first respondent failed in its duty of care to the applicant by not clarifying which order was valid before making payment to the second respondent. The applicant suffered financial loss as a direct result of the first respondent's conduct. The court ordered the first respondent to amend its records to reflect only the original order, repay the amount paid out under the void order with interest, and pay the costs of the application.

Citation
[2017] ZAGPPHC 505
Parties
Applicant: Mor Moephuli; Respondent: Government Employees Pension Fund; Respondent: TPS Tindisa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 August 2017
Case Number
14405/2016
Procedural Posture
Review Application / Judgment
Outcome
Application granted in favour of the applicant.
Judges
Millar
Legal Topics
Pension Fund Interest, Enforcement of Court Orders, Duty of Care, Damages, Costs Order
Civil Procedure Land and Property Pension Fund Interest Enforcement of Court Orders Duty of Care Damages Costs Order

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Parties

Mor Moephuli

Applicant

Government Employees Pension Fund

Respondent

TPS Tindisa

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the first respondent was entitled to act on a second divorce order that conflicted with the original order regarding the applicant's pension fund interest.
  2. 2 Whether the first respondent owed a duty of care to the applicant in administering her pension fund.
  3. 3 Whether the applicant is entitled to repayment of the amount paid out to the second respondent under the void order.

Ratio Decidendi

The court found that the first respondent acted negligently and recklessly by enforcing a second divorce order that was void and conflicted with the original order regarding the applicant's pension fund interest. The first respondent failed in its duty of care to the applicant by not clarifying which order was valid before making payment to the second respondent. The applicant suffered financial loss as a direct result of the first respondent's conduct. The court ordered the first respondent to amend its records to reflect only the original order, repay the amount paid out under the void order with interest, and pay the costs of the application.

Court Disposition

Application granted in favour of the applicant.

Orders

  • The first respondent is ordered to amend its records to reflect that the order of the Court at Mmabatho under reference NW/MMB/RC/546/2013 is the only order governing the applicant's pension fund interest.
  • The first respondent is ordered to replace and repay the sum of R229,338.93 together with interest accrued from 9 December 2015 to date of payment, both days inclusive.