SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document
in compliance with the law and SAFLII Policy
IN THE HIGH COURT OF SOUTH AFRICA
FREE STATE DIVISION, BLOEMFONTEIN
Not reportable / Reportable
Case no: 4915 /2021
In the matter between
T[…] P[…] K[…] APPLICANT
And
GOVERNMENT EMPLOYEES PENSION
FUND FIRST RESPONDENT
B[…] B[…] K[…] SECOND RESPONDENT
Neutral citation: Government Employees Pension Fund v T[…] P[…] K[…] and
Another (4915/2021) [2025] ZAFSHC 196 (25 June 2025)
Coram: Chesiwe J
Heard: On the papers as per the directive with heads of argument filed on
30 May 2025
and 06 June 2025 respectively.
Delivered: This judgment was handed down electronically by circulation to the
parties’ representatives by email and released to SAFLII. The date and time for hand -
down is deemed to be 13h00 on 25 June 2025.
Summary : Application for leave to appeal against an ex-tempore judgment – premised
on lis pendens of a divorce matter and pension funds – l eave to appeal is sought to the
Full Court of this Division – p rospects of success before another court.
2
ORDER
1 Condonation for late filing of the ex -tempore judgment is granted;
2 The application for leave to appeal is granted to the Full Court of this Division;
3 Costs to be costs in the appeal.
JUDGMENT
_______________________________________________________________________
Chesiwe J
[1] This is an application for leave to appeal the whole of the ex -tempore judgment
and order delivered on 25 October 2024. The application is opposed by the First Respondent. Second Respondent filed a notice to abide.
[2] The grounds for leave to appeal are set out in the application and need not be
repeated herein.
[3] The parties had filed written heads of argument and I do not intend repeating the
argument advanced in support of the application.
[4] This matter involves lis pendens of a divorce matter and pension funds of the
Second Respondent and after having considered the grounds of appeal as well as the written submissions in support thereof, as well as the ex -tempore judgment, I am of the
view that another court might come to a different conclusion.
[5] Accordingly, the following order is made:
1 Condonation for late filing of the ex -tempore judgment is granted;
2 The application for leave to appeal is granted to the Full Court of this Division;
3 Costs to be costs in the appeal .
3
CHESIWE J
Appearances
For the Applicant: P S Mphuloane
Instructed by: Maqoma Attorneys Inc.
For the First Respondent: K Motselebane
Instructed by: Makubalo Attorneys