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South Africa Judgment

North Gauteng High Court, Pretoria

Tlali and Another v Government Employees Pension Fund and Others (8000/2020) [2024] ZAGPPHC 843 (27 August 2024)

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01

Holding and result

The court found that the Second Respondent was the life partner of the late Khathatso Clifton Tlali and therefore entitled to claim maintenance under the Maintenance of Surviving Spouses Act. The Second Applicant was interdicted from finalising the deceased estate or making any payments or distributions until the maintenance claim was finalised. The applications and relief sought in the main and amended notices of motion were dismissed. Costs were awarded against the First Applicant in respect of the initial and amended notices of motion, including the counter application, but no costs order was made against the Second Applicant.

Court disposition

Applications and relief sought in the main and amended notices of motion dismissed. Second Respondent declared life partner of the deceased. Second Applicant interdicted from finalising the estate pending maintenance claim. Costs awarded against First Applicant.

Orders

  • The point in limine raised in the counter application is not upheld.
  • No order as to costs is made in respect of the point in limine.
  • Both applications and the relief sought in the main and amended notices of motion are dismissed.
  • It is declared that the Second Respondent was the life partner of the late Khathatso Clifton Tlali.
  • The Second Applicant is interdicted from finalising the deceased estate of Khathatso Clifton Tlali or from making any payments or distributions therefrom until the Second Respondent’s claim for maintenance in terms of the Maintenance of Surviving Spouses Act has been finalised.
  • First Applicant is ordered to pay all costs in respect of the initial and amended Notices of Motion including the costs in respect of the counter application.
  • No order for costs is made in respect of Second Applicant.

02

Material facts

Parties

Tlali Dikeledi Alina

Applicant Counsel: Mr M D Hlatshwayo

Tlali Dikeledi Alina N.O.

Applicant Counsel: Mr M D Hlatshwayo

Government Employees Pension Fund

Respondent

Mathenga Matakane Anny

Respondent Counsel: Adv A Nell

Mathenga Matakane Anny N.O.

Respondent Counsel: Adv A Nell

03

Procedural history

  1. Posture

    Civil Application / Correction of Order

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants sought to prevent the respondents from finalising the deceased estate of Khathatso Clifton Tlali and making any payments or distributions therefrom, arguing that the Second Respondent was not entitled to maintenance as a surviving spouse or life partner. They challenged the recognition of the Second Respondent as a life partner and opposed the maintenance claim under the Maintenance of Surviving Spouses Act.
Respondent
The respondents argued that the Second Respondent was indeed the life partner of the late Khathatso Clifton Tlali and was entitled to claim maintenance under the Maintenance of Surviving Spouses Act. They sought an interdict to prevent the finalisation of the estate until the maintenance claim was resolved and requested costs against the First Applicant for the applications brought.

05

Court’s reasoning

  1. 01

    Maintenance of Surviving Spouses Act 27 of 1990

    A surviving life partner may claim maintenance from the deceased estate under the Maintenance of Surviving Spouses Act if the partnership is proven.

  2. 02

    Maintenance of Surviving Spouses Act 27 of 1990

    Interdicts may be granted to prevent the finalisation of a deceased estate pending the determination of a maintenance claim.

  3. 03

    Cilliers, Law of Costs

    Costs orders are discretionary and may be awarded against parties who unsuccessfully pursue applications.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the Second Respondent was the life partner of the late Khathatso Clifton Tlali and therefore entitled to claim maintenance under the Maintenance of Surviving Spouses Act. The Second Applicant was interdicted from finalising the deceased estate or making any payments or distributions until the maintenance claim was finalised. The applications and relief sought in the main and amended notices of motion were dismissed. Costs were awarded against the First Applicant in respect of the initial and amended notices of motion, including the counter application, but no costs order was made against the Second Applicant.

Obiter and limits

  • The correction of the order was necessary to give proper effect to the judgment and ensure that the correct party is interdicted.
  • Recognition of life partnerships for maintenance claims is consistent with the evolving jurisprudence on family law and equality.

Court disposition

Applications and relief sought in the main and amended notices of motion dismissed. Second Respondent declared life partner of the deceased. Second Applicant interdicted from finalising the estate pending maintenance claim. Costs awarded against First Applicant.

  • The point in limine raised in the counter application is not upheld.
  • No order as to costs is made in respect of the point in limine.
  • Both applications and the relief sought in the main and amended notices of motion are dismissed.
  • It is declared that the Second Respondent was the life partner of the late Khathatso Clifton Tlali.
  • The Second Applicant is interdicted from finalising the deceased estate of Khathatso Clifton Tlali or from making any payments or distributions therefrom until the Second Respondent’s claim for maintenance in terms of the Maintenance of Surviving Spouses Act has been finalised.
  • First Applicant is ordered to pay all costs in respect of the initial and amended Notices of Motion including the costs in respect of the counter application.
  • No order for costs is made in respect of Second Applicant.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

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Source document

North Gauteng High Court, Pretoria

Judgment

[2024] ZAGPPHC 843

REPUBLIC

OF SOUTH AFRICA

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION,

PRETORIA

CASE NO: 8000/2020

1. REPORTABLE: YES/NO

2. OF INTEREST TO OTHER JUDGES: YES/NO

3. REVISED: YES/NO

DATE: 27/08/2024

SIGNATURE OF JUDGE:

In the matter between:

TLALI

DIKELEDI ALINA

First Applicant

TLALI DIKELEDI ALINA N.O.

Second Applicant

and

GOVERNMENT EMPLOYEES PENSION FUND First Respondent

MATHENGA

MATAKANE ANNY

Second Respondent

MATHENGA MATAKANE ANNY N.O. Third Respondent

JUDGMENT

Basson AJ

1.

Paragraph 5 of the order of my judgment handed down on 26 August 2024 reads that:

“5. The Second Respondent is interdicted from finalising the deceased estate of Khathatso Clifton Tlali or from the making of any payments or distributions

therefrom until the Second Respondent’s claim for maintenance in terms of the Maintenance of Surviving Spouses Act has been

finalised.”

2.

This is a patent error and will not give effect to the judgment handed down. Paragraph 5 should read:

“5. The Second Applicant is interdicted from finalising the deceased estate of Khathatso Clifton Tlali or from the making of any payments or distributions

therefrom until the Second Respondent’s claim for maintenance in terms of the Maintenance of Surviving Spouses Act has been

finalised.”

3.

I therefore correct the order I made on 26 August 2024 to read as follows:

[76] I therefore make the following order:

1. The point in limine raised in the counter application, insofar as it may still be necessary, is not upheld.

2. No order as to costs is made in respect of the point in limine.

3. Both of the applications and the relief sought in the main and the amended notices of motion are dismissed.

4. It is declared that the Second Respondent was the life partner of the late Khathatso Clifton Tlali.

5. The Second Applicant is interdicted from finalising the deceased estate of Khathatso Clifton Tlali or from the making of any payments or distributions therefrom until the Second Respondent’s claim for maintenance in terms of the Maintenance of Surviving Spouses Act has been finalised.

6. First Applicant is ordered to pay all costs in respect of the initial and amended Notices of Motion including the costs in respect of the counter application.

7. No order for costs is made in respect of Second Applicant.

4.

I therefore so order.

Gauteng, Pretoria

Date Heard: 16 May 2023 Date of correction of order: 27 August 2024 Attorney for First and Second Applicants: Mr M D Hlatshwayo Advocate for Second and Third Respondents: Adv A Nell.

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Maintenance of Surviving Spouses Act 27 of 1990

Legislation

Legislation referenced in the available case record.

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