M.W.S v N.S.S and Another (DIV 129/2019) [2020] ZANWHC 36; 2021 (6) SA 201 (NWM) (9 March 2020)

M.W.S v N.S.S and Another (DIV 129/2019) [2020] ZANWHC 36; 2021 (6) SA 201 (NWM) (9 March 2020)

The applicant failed to establish a prima facie case that the first respondent intends to dissipate her pension benefit with the intention of defeating his claim. The evidence shows the first respondent resigned due to ill health and requires the pension benefit for medical expenses and debts. There is no credible evidence of mala fide intent or asset dissipation. The applicant's interest in the pension benefit is adequately protected by the Matrimonial Property Act, and he may seek adjustment upon division of the joint estate. The requirements for an anti-dissipation interdict have not been met. The application is dismissed with costs.

Citation
[2020] ZANWHC 36
Parties
Applicant: M[….] W[…] S[…]; Respondent: N[….] S[…] S[…]; Respondent: Government Employees Pension Fund
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
9 March 2020
Case Number
DIV 129/2019
Procedural Posture
Urgent Application / Application for Interim Interdict (anti Dissipation) Pending Divorce Action
Outcome
Application dismissed with costs.
Judges
M M Leeuw
Legal Topics
Anti Dissipation Interdict, Pension Interest, Matrimonial Property Act, Interim Interdict, Division of Joint Estate
Family and Children Civil Procedure Anti Dissipation Interdict Pension Interest Matrimonial Property Act Interim Interdict Division of Joint Estate

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Parties

M[….] W[…] S[…]

Applicant

N[….] S[…] S[…]

Respondent

Government Employees Pension Fund

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict (anti Dissipation) Pending Divorce Action

Legal Issues

  1. 1 Whether the applicant is entitled to an anti-dissipation order restraining payment of the first respondent's pension benefit pending finalisation of the divorce action.
  2. 2 Whether the applicant's share in the pension interest can be protected under the Matrimonial Property Act.
  3. 3 Whether the applicant has established a prima facie case that the first respondent intends to dissipate assets to defeat his claim.

Ratio Decidendi

The applicant failed to establish a prima facie case that the first respondent intends to dissipate her pension benefit with the intention of defeating his claim. The evidence shows the first respondent resigned due to ill health and requires the pension benefit for medical expenses and debts. There is no credible evidence of mala fide intent or asset dissipation. The applicant's interest in the pension benefit is adequately protected by the Matrimonial Property Act, and he may seek adjustment upon division of the joint estate. The requirements for an anti-dissipation interdict have not been met. The application is dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.