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South Africa decisions
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M.C.M v M.S.M (Appeal) (HCA16/2024) [2025] ZALMPPHC 153 (11 August 2025)
The High Court dismissed an appeal against forfeiture of a respondent’s pension interest in a divorce, holding the appellant’s misconduct justified the order.
M.B.M v M.G (2023/126365) [2025] ZAGPJHC 337 (27 March 2025)
Divorce of a customary marriage was granted, the settlement agreement was made an order, and the defendant received 50% of the plaintiff’s pension interests.
R.P.K, Born N[...] v M.A.K (2022/057243) [2025] ZAGPPHC 301 (17 March 2025)
Divorce action in which the court granted dissolution, refused forfeiture of pension benefits, and ordered equal division of the joint estate.
S.J.M v S.J.K (034304/2023) [2025] ZAGPJHC 92 (7 February 2025)
Divorce case on section 9(1) forfeiture led to a partial forfeiture of the defendant’s GEPF pension interest, with the plaintiff awarded 20%.
F.A v D.P (Reasons) (2024/041851) [2024] ZAGPJHC 1132 (5 November 2024)
In an unopposed divorce matter, the court removed the case from the roll because the plaintiff’s papers did not adequately support the claim that the defendant had absconded rather than died.
N.L.M v G.C.M (4351/2022) [2024] ZAMPMBHC 74; - (30 September 2024)
The court found that the Defendant failed to provide evidence that the Plaintiff would be unduly benefited if forfeiture was not granted. Both parties contributed to the joint estate over a substantial marriage duration of nearly 15 years, and there was no proof that the Plaintiff's conduct diminished the estate or justified forfeiture. The Defendant's allegations regarding the Plaintiff's HIV status and supposed infidelity were unsupported by evidence and did not establish grounds for forfeiture. The breakdown of the marriage was attributed to mutual loss of affection, physical abuse by the…
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P.M v S.M (24664/2021) [2024] ZAGPJHC 747 (8 August 2024)
Divorce case on forfeiture and division of a joint estate. The court granted divorce, rejected forfeiture, and ordered equal division of assets and pension interest.
M.L.M v T.M.M (10864/15) [2024] ZAGPPHC 743 (2 August 2024)
High Court divorce judgment on forfeiture, pension sharing, medical aid, and child care. The court refused forfeiture and ordered equal division of the joint estate.
T.S v M.L.S (Leave to Appeal) (5483/2022) [2024] ZAGPPHC 737 (1 August 2024)
The court held that the applicant failed to demonstrate reasonable prospects of success for an appeal against the refusal of forfeiture of pension benefits. The sequelae of injuries sustained sixteen years prior were not relevant under section 9 of the Divorce Act, as they did not constitute substantial misconduct leading to the breakdown of the marriage. The court a quo correctly applied the statutory factors, and there was no compelling reason to grant leave to appeal. Regarding costs, the court found that the respondent, as the successful litigant, was entitled to costs on level A scale, n…
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T.S.S v M.A.S - Appeal (HCA04/2023) [2024] ZALMPPHC 69 (22 July 2024)
Appeal over forfeiture of a spouse’s share of pension interest in divorce proceedings dismissed; the court found no basis to disturb the trial court’s discretion.
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