N[....] v P[....] and Others (871/ 2020) [2021] ZAGPPHC 405 (17 May 2021)

N[....] v P[....] and Others (871/ 2020) [2021] ZAGPPHC 405 (17 May 2021)

The court found that there is a material dispute of fact regarding the existence of a customary marriage between the deceased and the first respondent, which cannot be resolved on the papers as they stand. In exercising its discretion, the court determined that the matter should be referred to trial for proper determination. The pleadings filed will serve as the pleadings at trial, and parties may file additional pleadings as necessary. Costs are reserved for determination at trial.

Citation
[2021] ZAGPPHC 405
Parties
Applicant: J KE.D N[....]; Respondent: M B P[....]; Respondent: Government Employee Pension Fund; Respondent: Department Government Pension Administration
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 May 2021
Case Number
871/ 2020
Procedural Posture
Review Application / Referral to Trial After Application on Papers
Outcome
Application referred to trial; costs reserved.
Judges
E.M Kubushi
Legal Topics
Customary Marriage, Pension Benefits Apportionment, Dispute of Fact, Referral to Trial
Family and Children Civil Procedure Customary Marriage Pension Benefits Apportionment Dispute of Fact Referral to Trial

Case Brief

Summary, issues, holding and outcome

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Parties

J KE.D N[....]

Applicant

M B P[....]

Respondent

Government Employee Pension Fund

Respondent

Department Government Pension Administration

Respondent

Procedural Posture

Review Application / Referral to Trial After Application on Papers

Legal Issues

  1. 1 Whether the first respondent was customarily married to the deceased.
  2. 2 Whether the first respondent is entitled to a share of the deceased's pension benefits.
  3. 3 Whether the apportionment decision by the pension fund administrators should be set aside.

Ratio Decidendi

The court found that there is a material dispute of fact regarding the existence of a customary marriage between the deceased and the first respondent, which cannot be resolved on the papers as they stand. In exercising its discretion, the court determined that the matter should be referred to trial for proper determination. The pleadings filed will serve as the pleadings at trial, and parties may file additional pleadings as necessary. Costs are reserved for determination at trial.

Court Disposition

Application referred to trial; costs reserved.

Orders

  • The application is referred to trial.
  • The issue to be determined at trial is whether the first respondent was a customary marriage spouse to the applicant’s deceased husband, D J N[....], and thereby entitled to share in his pension benefits.