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South Africa Case Law

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Family And Children [2014] ZAGPJHC 328

V v V (10/13906)

V v V (10/13906) [2014] ZAGPJHC 328 (2 April 2014)

The court found that the defendant's conduct in orchestrating an attempt on the plaintiff's life constituted substantial misconduct justifying forfeiture of benefits under the accrual system. While the defendant contributed to the household and child-rearing, her actions were motivated by financial gain rather than abuse, and she failed to take reasonable steps to address alleged mistreatment. The court determined that the defendant should receive only a portion of the accrual that existed prior to the events of 14 February 2010, specifically R750,000 and retention of her vehicle. The defenda…

  • Forfeiture Of Accrual
  • Spousal Maintenance
  • Parental Rights And Responsibilities
  • Division Of Assets
  • Medical Aid Entitlement
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Labour Law [2011] ZALCD 20

Solidarity obo Bransby and Others v Debis Fleet Management (D682/02)

Solidarity obo Bransby and Others v Debis Fleet Management (D682/02) [2011] ZALCD 20 (20 January 2011)

The court found that the applicants were entitled to one month's notice of termination, which was not properly given by the respondent. The notice delivered on or about 14 December 2001 was insufficient, and termination should have occurred at the end of January 2002. Severance and termination benefits must therefore be recalculated based on a termination date of 31 January 2002. Regarding medical aid, the court held that section 4.7 of the Statutes, read with the Telkom Human Resource Manual, entitled the applicants to continued membership of a Telkom-approved medical aid scheme as pensioner…

  • Section 197 Transfer
  • Notice Period
  • Severance Pay
  • Pension Fund Benefits
  • Medical Aid Entitlement
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.