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South Africa decisions
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I.K.L v S.E.L and Others (11212 / 2013) [2023] ZAGPJHC 1235 (26 October 2023)
High Court granted a writ of execution against a retirement annuity to satisfy arrear child maintenance, finding no genuine factual dispute on the papers.
M.M.R v J.D.P and Others (6889/2021) [2023] ZALMPPHC 48 (17 July 2023)
The court held that the Maintenance Act only permits the attachment of pension benefits for arrear maintenance, not for future maintenance obligations. Since there is no maintenance order in place and the applicant seeks to secure future maintenance, the relief sought falls outside the scope of the statutory provisions. The applicant's financial difficulties and the first respondent's sporadic contributions do not justify an order for attachment of pension benefits in the absence of a maintenance order or evidence of arrear maintenance. The application is therefore premature and cannot succee…
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M.C.M v K.E.M and Others (8434/2021) [2022] ZAGPPHC 545 (21 July 2022)
The court found that the maintenance arrears claimed by the applicant did not arise from the court order, as the settlement agreement was only made an order of court on 22 December 2020 and does not apply retrospectively. Payments made prior to this date cannot be considered arrears under the order. The respondent's financial hardship due to the COVID-19 pandemic was not seriously challenged, and there was no evidence of intentional dissipation of assets to frustrate maintenance obligations. The applicant has an alternative remedy available through the maintenance court as provided in the set…
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G v Discovery Preservation Pension Fund Administered by: Discovery Life Investments Services Ltd (28609/2020) [2021] ZAGPJHC 737; 2022 (3) SA 236 (GJ) (25 November 2021)
The High Court held that a Rule 43 maintenance order may be enforced against pension benefits by a High Court warrant of execution.
M v M and Another (230/2016) [2016] ZAFSHC 132 (4 August 2016)
The court found that the applicant was attempting to enforce the deed of settlement against the second respondent, who was not a party to the agreement, and that such enforcement is not permissible. The living annuity administered by the second respondent constitutes a pension benefit protected under section 37A(1) of the Pension Funds Act, which applies to both the capital and monthly pay-outs while under the fund's control. Any order directing the fund administrator to pay a portion of the monthly proceeds to the applicant would amount to an impermissible reduction, transfer, or attachment…
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S v Seseane (A557/15) [2015] ZAGPPHC 829 (18 August 2015)
High Court review of a maintenance-conviction sentence. The court set aside an unclear sentence and substituted a suspended prison term with explicit payment and attachment orders.
A.O.M v Minister of Justice and Constitutional Development and Others (61876/2012) [2014] ZAGPPHC 510 (26 May 2014)
High Court held maintenance officers and their employer liable in delict for failing to enforce arrear maintenance by attaching a pension payout.
Magewu v Zozo (7821/03) [2004] ZAWCHC 18; [2004] 3 All SA 235 (C); 2004 (4) SA 578 (C) (30 April 2004)
The court held that, although the first respondent was not in arrears at the time of hearing, his history of non-compliance and the applicant's reasonable fears regarding future maintenance justified the retention and attachment of pension fund benefits. The Maintenance Act and Pension Funds Act, read together, permit such attachment to secure maintenance orders. The best interests of the child are paramount, and the court must provide effective remedies to vindicate constitutional rights. The applicant should not be forced to repeatedly approach the court to enforce maintenance. The rule nis…
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