H.J.K v Swartz and Others (2015/08456)
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
- Divorce Act Section 7 8
- Powers Of Receiver Liquidator
- Contempt Of Court
- Pension Fund Distribution
- Liquidation And Distribution Account