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S.J.M v S.J.K (034304/2023) [2025] ZAGPJHC 92 (7 February 2025)
Divorce case on section 9(1) forfeiture led to a partial forfeiture of the defendant’s GEPF pension interest, with the plaintiff awarded 20%.
M.M.K v V.S.K (4324/2021) [2023] ZAFSHC 350 (7 September 2023)
Divorce matter on pension forfeiture, maintenance, medical aid, and costs. The court awarded the plaintiff 25% of the defendant’s pension interest and refused maintenance and medical aid relief.
Z.M (born R) v M.M.M (CA129/15) [2017] ZAECGHC 65 (30 May 2017)
The court found no evidence that the joint estate had been divided and held that the appellant remained entitled to a fifty percent share of the respondent's pension interest as at the date of divorce. The respondent's alleged prior agreement was unenforceable and not proven. The claim for pension interest could be made after the divorce decree, provided the joint estate had not yet been divided. The regional magistrate's conclusion was incorrect, and the appeal was upheld. The divorce order was amended to specifically provide for the appellant's entitlement to fifty percent of the respondent…
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Labuschagne v Labuschagne and Others (A9.2015) [2016] ZAFSHC 163 (22 September 2016)
The court found that the first respondent did not have sufficient information to formulate a sustainable cause of action for payment of her share of the appellant's pension benefits. The appellant's obstructive conduct and lack of cooperation, coupled with the failure of the second respondent to provide information, constituted exceptional circumstances justifying deviation from normal discovery procedures. The misnomer in the divorce order regarding the pension fund was deemed a patent error and did not affect the first respondent's entitlement, as the appellant was a member of the Transnet…
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