South Africa Case Law

M.C.M v M.R.M and Another (DIV 129/2012)

M.C.M v M.R.M and Another (DIV 129/2012) [2014] ZANWHC 31 (30 October 2014)

Court

North West High Court, Mafikeng

Case number

DIV 129/2012

Judge

R D Hendricks

The court held that the applicant was not entitled to the relief sought because the first respondent had retired before the divorce was finalized, causing his pension interest to cease to exist for purposes of the Divorce Act and Pension Funds Act. The urgent interim order for safekeeping of pension benefits was no longer competent, as the divorce settlement agreement, incorporated into the decree of divorce, provided for the applicant's entitlement to a specific amount. The applicant's remedy lies in enforcing the settlement agreement, not in compelling the pension fund to pay out benefits t…

Source excerpt

• Pension Interest On Divorce
• Division Of Joint Estate
• Urgent Interdict
• Pension Fund Act Section 37a
• Divorce Act Section 7
• Enforcement Of Settlement

Kgopane v Kgopane and Another (1819/2011)

Kgopane v Kgopane and Another (1819/2011) [2012] ZANWHC 58 (16 August 2012)

Court

North West High Court, Mafikeng

Case number

1819/2011

Judge

N Gutta

The court refused post-divorce relief directing a pension fund to pay 50% of a former spouse’s pension interest, but replaced the inactive liquidator.

• Division Of Joint Estate
• Pension Interest
• Liquidator Substitution
• Divorce Act Section 7
• Pension Fund Act Section 37a
• Pension-interest