South Africa Case Law

Camilleri v De Graaf N.O (In his capacity as the Executor of The Estate Late Raymond Camilleri) (7310/2017)

Camilleri v De Graaf N.O (In his capacity as the Executor of The Estate Late Raymond Camilleri) (7310/2017) [2021] ZAWCHC 264 (17 December 2021)

Court

Western Cape High Court, Cape Town

Case number

7310/2017

Judge

Nziweni

The court found that the wording of clauses 9.4 and 9.7 of the Consent Paper is clear and unambiguous. The phrase 'at the time of his withdrawal from the Fund' refers to the event when the deceased ceased membership and accessed his pension benefits, which occurred upon retirement and the subsequent purchase of a living annuity. The 'nett entitlement' means the gross benefit less taxes at the time of withdrawal. The Defendant's alternative interpretations were rejected as unbusinesslike and unsupported by the contract or factual matrix. The Plaintiff is entitled to half of the nett entitlemen…

Source excerpt

• Divorce Act
• Consent Paper Enforcement
• Pension Interest
• Void For Vagueness
• Contract Interpretation

M.M v M.M (6572/2013)

M.M v M.M (6572/2013) [2019] ZAWCHC 158 (8 February 2019)

Court

Western Cape High Court, Cape Town

Case number

6572/2013

Judge

Bozalek

The High Court found a tacit universal partnership between former spouses after reconciliation, ordered liquidation and equal division of assets, and dismissed the defendant’s counterclaim.

• Universal Partnership
• Division Of Assets
• Muslim Marriage Proprietary Consequences
• Joint Ownership
• Receiver Appointment
• Consent Paper Enforcement

L.R v P.R (14/2/2018)

L.R v P.R (14/2/2018) [2018] ZAWCHC 19; 2018 (3) SA 507 (WCC) (14 February 2018)

Court

Western Cape High Court, Cape Town

Case number

11463/17

Judge

Andrews AJ

The High Court ordered transfer of jointly owned property within 60 days after a decade of non-compliance with a divorce consent paper.

• Consent Paper Enforcement
• Clean Break Principle
• Transfer Of Immovable Property
• Divorce Order Compliance
• Costs Award
• Divorce

Gibson v Gibson and Another (1293/2012)

Gibson v Gibson and Another (1293/2012) [2013] ZAWCHC 170 (8 November 2013)

Court

Western Cape High Court, Cape Town

Case number

1293/2012

Judge

Rogers

The court found that the consent paper provisions regarding the first respondent's pension interest in the Sanlam Preservation Pension Fund were drafted under a mistaken assumption that section 7(8) of the Divorce Act applied to such funds at the time of divorce. The definition of 'pension interest' in the Divorce Act did not cover pension preservation funds where the member's entitlement did not arise from resignation from office. Neither party's proposed solution—payment of a capital sum or a share of annuity payments—was supported by the wording of the consent paper or the applicable law.…

Source excerpt

• Divorce Settlement
• Pension Interest
• Consent Paper Enforcement
• Variation Of Order
• Common Mistake
• Rule 42 Application

Raziya v Raziya (11841/11)

Raziya v Raziya (11841/11) [2012] ZAWCHC 79 (16 April 2012)

Court

Western Cape High Court, Cape Town

Case number

11841/11

Judge

Fourie

The court found that the applicant failed to counter the respondent's evidence of subsequent amendments to the consent paper in 2007 and 2008, which reduced the respondent's maintenance obligations. The applicant's bald denials and lack of explanation for the delay in enforcement led to the inference that she was party to these amendments. Applying the Plascon-Evans rule, the court accepted the respondent's version and concluded that the applicant had waived her rights under the original consent paper and its 2005 amendment. The respondent was not in contempt of court, and no arrear maintenan…

Source excerpt

• Maintenance Obligations
• Consent Paper Enforcement
• Waiver Of Rights
• Contempt Of Court

Bates v Bates (3236/02)

Bates v Bates (3236/02) [2004] ZAWCHC 3 (19 January 2004)

Court

Western Cape High Court, Cape Town

Case number

3236/02

Judge

N J Yekiso

The court held that later maintenance orders replaced only the monetary maintenance clauses, not the non-pecuniary obligations, and committed the respondent for contempt.

• Maintenance Obligations
• Contempt Of Court
• Variation Of Court Orders
• Consent Paper Enforcement
• Contempt-of-court
• Family-law