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South Africa: North Gauteng High Court, Pretoria
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2024
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[2024] ZAGPPHC 843
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Tlali and Another v Government Employees Pension Fund and Others (8000/2020) [2024] ZAGPPHC 843 (27 August 2024)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION,
PRETORIA
CASE NO: 8000/2020
1.
REPORTABLE:
YES
/NO
2.
OF INTEREST TO OTHER JUDGES:
YES
/NO
3.
REVISED: YES/NO
DATE:
27/08/2024
SIGNATURE
OF JUDGE:
In
the matter between:
TLALI
DIKELEDI ALINA
First Applicant
TLALI
DIKELEDI ALINA N.O.
Second Applicant
and
GOVERNMENT
EMPLOYEES PENSION FUND First
Respondent
MATHENGA
MATAKANE ANNY
Second
Respondent
MATHENGA
MATAKANE ANNY N.O.
Third
Respondent
JUDGMENT
Basson
AJ
1.
Paragraph 5 of the order
of my judgment handed down on 26 August 2024 reads that:
“
5.
The
Second Respondent
is interdicted from finalising the deceased estate of Khathatso
Clifton Tlali or from the making of any payments or distributions
therefrom until the Second Respondent’s claim for maintenance
in terms of the Maintenance of Surviving Spouses Act has been
finalised.”
2.
This
is a patent error and will not give effect to the judgment handed
down. Paragraph 5 should read:
“
5.
The
Second Applicant
is interdicted from finalising the deceased estate of Khathatso
Clifton Tlali or from the making of any payments or distributions
therefrom until the Second Respondent’s claim for maintenance
in terms of the Maintenance of Surviving Spouses Act has been
finalised.”
3.
I therefore correct the
order I made on 26 August 2024 to read as follows:
[76]
I therefore make the following order:
1.
The
point in limine
raised
in the counter application, insofar as it may still be necessary, is
not upheld.
2.
No order as to costs is made in respect of the
point in limine.
3.
Both of the applications and the relief sought in
the main and the amended notices of motion are dismissed.
4.
It is declared that the Second Respondent was the
life partner of the late Khathatso Clifton Tlali.
5.
The Second Applicant is interdicted from
finalising the deceased estate of Khathatso Clifton Tlali or from the
making of any payments
or distributions therefrom until the Second
Respondent’s claim for maintenance in terms of the Maintenance
of Surviving Spouses
Act has been finalised.
6.
First Applicant is ordered to pay all costs in
respect of the initial and amended Notices of Motion including the
costs in respect
of the counter application.
7.
No order for costs is made in respect of Second
Applicant.
4.
I
therefore so order.
Basson
AJ
Gauteng,
Pretoria
Date
Heard:
16
May 2023
Date
of correction
of
order:
27
August 2024
Attorney
for First and
Second
Applicants:
Mr M
D Hlatshwayo
Advocate
for Second and
Third
Respondents:
Adv A
Nell.