Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Mlate N.O v Sithole and Another (2023/115917) [2024] ZAGPPHC 304 (27 March 2024)
The High Court dismissed an urgent application by an executor to stop the GEPF paying out a deceased member’s pension, finding he lacked standing and had other remedies.
H.J.K v Swartz and Others (2015/08456) [2023] ZAGPJHC 313; [2023] 2 All SA 764 (GJ); 2023 (6) SA 500 (GJ) (11 April 2023)
The court found that the receiver/liquidator, Mr Swartz, lacked both the power and locus standi to liquidate or withdraw pension fund assets on behalf of the joint estate or the applicant, as such powers were not expressly granted in the divorce order nor by statute. The machinery for payment from pension funds under section 7(8) of the Divorce Act was not invoked, and the applicant's demand for cash payment from the pension fund was contrary to the agreed liquidation and distribution account. The order requiring Mr Swartz to realise assets was impossible to comply with, as no realisable asse…
Source excerpt
Motsioa and Others v eJoburg Retirement Fund and Others (43479/20) [2022] ZAGPJHC 454 (6 July 2022)
The court found that the allocation of 15% of the deceased's pension benefits to the third respondent was irrational and based on incorrect reasons, as she was neither a lawful dependant nor a valid spouse. The alleged customary marriage was void ab initio due to the third respondent's existing marriage and lack of consent from the civil spouse. The Trustees' discretion must be exercised in accordance with Section 37C of the Pension Funds Act, prioritizing lawful dependants and nominees. The High Court has jurisdiction to review and substitute the Pension Fund Adjudicator's determination. The…
Source excerpt
I R v D R (A3035/2020) [2020] ZAGPJHC 258 (19 October 2020)
The High Court held that a divorce settlement entitled the wife to a fixed accrual payment, and the husband was liable for tax deducted from the pension withdrawal.
Explore more
