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South Africa decisions
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M.J.P v P.M.P (Appeal) (HCA08/2023) [2025] ZALMPPHC 135 (14 July 2025)
The High Court dismissed an appeal in a divorce matter, upholding the refusal of forfeiture and the award of pension-interest benefits, with no costs order.
M.J.L v L.O.L (22341/19 ; A288/2023) [2025] ZAGPPHC 331 (27 March 2025)
The court found that the defendant, Mrs L.O.L, satisfied the requirements for a partial forfeiture order under Section 9(1) of the Divorce Act. The evidence established that the plaintiff, Mr L.J.L, would be unduly benefited if the forfeiture order was not granted, as he failed to contribute to the acquisition and maintenance of the immovable property and did not use his pension benefit for the joint estate. The court distinguished the facts from Phokobye, noting that the forfeiture claim was properly ventilated in the divorce proceedings following partial rescission of the proprietary order.…
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T.J.M v K.J.M and Another (11409/2022) [2025] ZAGPPHC 253 (3 March 2025)
A divorce judgment granted the decree of divorce, made the parties’ settlement agreement an order of court, and ordered forfeiture of pension and property benefits.
M.A.M (Born M) v M.D.M (007044/22) [2025] ZAGPPHC 188 (26 February 2025)
Divorce judgment awarding division of the joint estate, rehabilitative spousal maintenance for five years, child residence with the plaintiff, and pension sharing.
G.D v Minister of Home Affairs and Others (2252/2024) [2025] ZAECQBHC 1 (4 February 2025)
The court found that section 7(7)(c) of the Divorce Act irrationally differentiates between spouses in post-1984 marriages out of community of property without accrual and all other spouses, by excluding pension interests from redistribution. This differentiation is no longer rationally connected to any legitimate government purpose following the Constitutional Court's decision in KG, which extended the redistribution remedy to all such marriages. The exclusion disproportionately prejudices women, who are more likely to be economically disadvantaged and have smaller or no pension interests, a…
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D.P.E v V.J.E (2024/066643) [2024] ZAGPPHC 1369 (24 December 2024)
The court found that the applicant failed to establish genuine urgency as required by Rule 6(12) of the Uniform Rules. The applicant was legally represented and had initiated divorce proceedings in June 2024 but only notified the pension fund in November 2024. The letter seeking confirmation of the respondent's employment status was sent on 28 November 2024, and the application was issued the next day, without affording the respondent a reasonable opportunity to reply. The court concluded that the urgency was self-created and amounted to an abuse of process. The applicant did not pass the thr…
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S.A.V v H.J.V (Leave to Appeal) (2138/2021) [2024] ZAGPPHC 1299 (29 November 2024)
The High Court granted leave to appeal only on the issue of the date of divorce for calculating the estate share, dismissing all other grounds.
S.J.W v V.W (Born M) (CA&R 54/2023) [2024] ZANCHC 97 (6 September 2024)
Appeal in a divorce matter upheld: the High Court ordered payment of 50% of the respondent’s pension interest and added orders on child care, contact, and maintenance referral.
P.M v S.M (24664/2021) [2024] ZAGPJHC 747 (8 August 2024)
Divorce case on forfeiture and division of a joint estate. The court granted divorce, rejected forfeiture, and ordered equal division of assets and pension interest.
M.T v E.T (8197/2018) [2024] ZAGPJHC 578 (20 June 2024)
Divorce judgment awarding the wife permanent maintenance, continued medical aid cover, an automatic car, pension interest relief, and costs from the husband’s share.
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