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2024
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[2024] ZAGPPHC 409
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P.S.M v M.M (Born R) (29257/2022) [2024] ZAGPPHC 409 (8 May 2024)
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IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO: 29257/2022
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED. NO
DATE: 8/05/2024
FLATELA J
In
the matter between:
P[...] S[...]
M[...]
Applicant
And
M[...] M[...] (BORN
R[...]) Respondent
This
matter has been heard in terms of the Directives of the Judge
President of this Division dated 25 March 2020, 24 April 2020,
and 11
May 2020. The judgment and order are accordingly published and
distributed electronically. The date and time of hand-down
is
deemed to be 8 May 2024
JUDGMENT
FLATELA
J
1.
This is an application for leave to appeal
brought by the Applicant against order number 3 granted by me on the
29 December 2023.
2.
The applicant was a defendant in a divorce
action that was brought by the respondent. I granted a forfeiture
order against the applicant
to the effect that applicant was to
forfeit his claim of 50% of the plaintiff’s pension interest
held in the Government Employees
Pension Fund.
3.
The principles governing the leave to
appeal are well established, but I summarise them for convenience.
4.
The test for the
granting of leave to appeal is set out in
section 17(1)
of the
Superior Courts Act 10 of 2013
as follows:
“
(
1)
Leave to appeal may only be given where the judge or judges concerned
are of the opinion that:
(a)
(i) the appeal would
have a reasonable prospect of success or
(ii) there is
some other compelling reason why the appeal should be heard,
including conflicting judgments on the matter under
consideration”
5.
Having considered the grounds of appeal
submissions from both counsel for the applicant and respondent, I am
of the opinion that
there is a reasonable prospect of success on
appeal that another court may find that the applicant is entitled to
a share in the
Respondent’s s pension interest held in the
Government Employees Pension Fund.
6.
In the circumstances, I make the following
order:
1.
The application for leave to appeal is
granted to the Full Bench of this Division against order 3 dated 29
December 2023.
2.
Costs will be costs on appeal.
FLATELA J
Judge of the High
Court
Gauteng
Division
Appearances
Counsel
for Applicant:
Adv
T E Hlokwe
Instructed
by:
C.
J. Hlabangane Attorneys
Counsel for
Respondent:
M Fabricius
Instructed
by:
Shapiro
& Ledwaba Inc.
Date
of hearing:
16
April 2024
Date
of Judgement:
8
May 2024