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South Africa decisions
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Y.R.D v K.L.D (2021/28640) [2023] ZAGPJHC 600 (30 May 2023)
The High Court dismissed a respondent’s application for leave to appeal against a contempt judgment, holding that no reasonable prospect of a different outcome was shown.
South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Others (65/2022) [2023] ZASCA 55; [2023] 7 BLLR 626 (SCA); (2023) 44 ILJ 1479 (SCA) (20 April 2023)
The SCA held that the settlement agreement amounted to re-employment, not reinstatement, and rejected issue estoppel. The appeal for arrear pension contributions was dismissed.
Ndaba v Ndaba (600/2015) [2016] ZASCA 162; [2017] 1 All SA 33 (SCA); 2017 (1) SA 342 (SCA) (4 November 2016)
The majority held that, in marriages in community of property, the pension interest of each spouse is by operation of law deemed to be part of the joint estate for the purpose of determining patrimonial benefits at divorce, as per s 7(7)(a) of the Divorce Act. This inclusion is automatic and does not require a specific order or mention in the settlement agreement or divorce order. The entitlement of the non-member spouse to a share of the member spouse's pension interest is not dependent on s 7(8), which merely provides a mechanism for direct payment by the pension fund. The majority found th…
Source excerpt
Stoffberg en Andere v All Stones Bk en Andere, All Stones Bk en Andere v Waaihoek Besproeiingsraad en Andere (10/98, 495/97) [2000] ZASCA 3; [2000] 2 All SA 8 (A); [2000] JOL 6281 (A) (16 March 2000)
The SCA held that a 1822 water settlement did not give Olifantsberg owners rights to Waaihoekkloof water, and dismissed the related claims.
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