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South Africa decisions
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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.
Moloisane v Government Employees Pension Fund and Others (108955/2024) [2024] ZAGPPHC 1147 (12 November 2024)
The court found that the applicant, married in community of property to the second respondent, established a prima facie right to 50% of the pension fund interest upon division of the joint estate. The second respondent's vague and evasive responses regarding his employment status and pension fund details, coupled with a prior attempt to sell the matrimonial home without the applicant's knowledge, created a reasonable apprehension of dissipation of assets. The applicant demonstrated urgency and irreparable harm, as payment of the pension benefit prior to divorce would frustrate her claim. The…
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M.B.R v K.R and Another (37082/2022) [2023] ZAGPPHC 587 (14 July 2023)
The High Court granted urgent interdictory relief preserving a spouse’s pension interest pending divorce, finding the risk of dissipation justified urgency under Rule 6(12).
Van Rensburg v Germishuizen (30488/2019) [2022] ZAGPJHC 975 (12 October 2022)
The court found that the settlement agreement was valid and enforceable, as both parties entered into it voluntarily and knowingly, with the respondent having made amendments and proposals. The agreement did not contain unlawful or illegal provisions, and the inclusion of terms not originally claimed in the action proceedings was immaterial to its validity. The absence of joinder of the bond holder and pension fund administrator was not fatal, as the agreement did not bind third parties and only created personal rights between the parties. Allegations of duress and misrepresentation were unsu…
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N v N and Others (2021/43686) [2021] ZAGPJHC 503 (6 October 2021)
The High Court granted an urgent interim interdict restraining a spouse from dealing with joint estate assets and pension interests pending divorce.
Fourie v Eskom Pension and Provident Fund (18/1355) [2019] ZAGPJHC 188 (6 June 2019)
The court held that, in terms of the Pension Funds Act and the Income Tax Act, the tax liability arising from the assignment of pension fund interest to a non-member spouse pursuant to a divorce order accrues to the member spouse. The court relied on the Russow v Reid precedent and SARS General Note 33, which confirm that the member is liable for the tax, even if the benefit is paid to the non-member spouse. The Plaintiff's remedy would have been to recover the tax from her ex-husband, but this was not possible as his estate had been sequestrated. The Defendant's calculation of the Plaintiff'…
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P S v T S (A3122/2017) [2018] ZAGPJHC 608 (29 October 2018)
The High Court dismissed an appeal over a divorce settlement, holding that the respondent was not excluded from the appellant’s full pension interests.
Moephuli v Government Employees Pension Fund and Another (14405/2016) [2017] ZAGPPHC 505 (21 August 2017)
The High Court held that a pension fund acted negligently by paying out under a void second divorce order instead of the original valid order.
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