T.P.K v Government Employees Pension Fund and Another (4915/2021) [2025] ZAFSHC 196 (25 June 2025)
The court considered the grounds for leave to appeal and the written submissions of the parties. Given the complexity arising from the pending divorce proceedings and the dispute over pension fund entitlements, the court found that there is a reasonable prospect that another court may reach a different conclusion....
Source-derived case information.
- Citation
- [2025] ZAFSHC 196
- Parties
- Applicant: T[…] P[…] K[…]; Respondent: Government Employees Pension Fund; Respondent: B[…] B[…] K[…]
- Court
- Free State High Court, Bloemfontein
- Jurisdiction
- South Africa
- Case Number
- 4915/2021
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Ex Tempore Judgment
- Outcome
- Leave to appeal is granted to the Full Court of this Division.
- Judges
- Chesiwe
- Legal Topics
- Lis Pendens, Divorce Proceedings, Pension Fund Entitlement
Source-derived case record
Summary, issues, holding and outcome
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Parties
T[…] P[…] K[…]
Applicant
Government Employees Pension Fund
Respondent
B[…] B[…] K[…]
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Ex Tempore Judgment
Legal Issues
- 1 Whether leave to appeal should be granted against the ex-tempore judgment delivered on 25 October 2024.
- 2 Whether the existence of lis pendens in the divorce matter and pension fund dispute warrants consideration by another court.
Ratio Decidendi
The court considered the grounds for leave to appeal and the written submissions of the parties. Given the complexity arising from the pending divorce proceedings and the dispute over pension fund entitlements, the court found that there is a reasonable prospect that another court may reach a different conclusion. Accordingly, leave to appeal to the Full Court of the Division is granted.
Court Disposition
Leave to appeal is granted to the Full Court of this Division.
Orders
- Condonation for late filing of the ex-tempore judgment is granted.
- The application for leave to appeal is granted to the Full Court of this Division.
Full Case Text
Judgment text and source record
24 paragraphs
SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
FREE STATE DIVISION, BLOEMFONTEIN
Not reportable / Reportable
Case no: 4915/2021
In the matter between T[…] P[…] K[…] APPLICANT And GOVERNMENT EMPLOYEES PENSION FUND FIRST RESPONDENT B[…] B[…] K[…] SECOND RESPONDENT
Neutral citation: Government Employees Pension Fund v T[…] P[…] K[…] and Another (4915/2021) [2025] ZAFSHC 196 (25 June 2025)
Coram: Chesiwe J
Heard: On the papers as per the directive with heads of argument filed on 30 May 2025 and 06 June 2025 respectively.
Delivered: This judgment was handed down electronically by circulation to the parties’ representatives by email and released to SAFLII. The date and time for hand-down is deemed to be 13h00 on 25 June 2025.
Summary: Application for leave to appeal against an ex-tempore judgment – premised on lis pendens of a divorce matter and pension funds – leave to appeal is sought to the Full Court of this Division – prospects of success before another court.
ORDER
1 Condonation for late filing of the ex-tempore judgment is granted;
2 The application for leave to appeal is granted to the Full Court of this Division;
3 Costs to be costs in the appeal.
JUDGMENT
Chesiwe J
[1] This is an application for leave to appeal the whole of the ex-tempore judgment and order delivered on 25 October 2024. The application is opposed by the First Respondent. Second Respondent filed a notice to abide.
[2] The grounds for leave to appeal are set out in the application and need not be repeated herein.
[3] The parties had filed written heads of argument and I do not intend repeating the argument advanced in support of the application.
[4] This matter involves lis pendens of a divorce matter and pension funds of the Second Respondent and after having considered the grounds of appeal as well as the written submissions in support thereof, as well as the ex-tempore judgment, I am of the view that another court might come to a different conclusion.
[5] Accordingly, the following order is made:
CHESIWE J
Appearances For the Applicant: P S Mphuloane Instructed by: Maqoma Attorneys Inc. For the First Respondent: K Motselebane Instructed by: Makubalo Attorneys