Woman challenges pension provisions

2013-02-07 12:30

Johannesburg - The Constitutional Court adjourned within minutes of starting a woman's challenge to her divorced husband's pension fund on Thursday.

This was to allow both sides' lawyers to have further discussions.

The court granted the request for an adjournment by advocate Isabel Goodman, representing Phumla Ngewu, and the Women's Legal Centre Trust, who brought an application for direct access to the Post Office Retirement Fund. Court is expected to resume at 11:00.

Ngewu was married to SA Post Office worker Mawethu Ngewu until 27 July 2007. He is a member of the fund.

In their divorce decree, Phumla was awarded a 50% share of her ex-husband's pension interest.

However, under the rules of the fund, this does not accrue upon divorce, but when her husband terminated his membership of the fund.

She and the trust are challenging the provisions of the rules of the fund or, alternatively, the Divorce Act and the Pension Funds Act, saying they violate her constitutional right to equality.

The fund has admitted there is a constitutional defect in its rules.

It and Communications Minister Dina Pule have requested that the Constitutional Court postpone the matter for six to eight months, as a legislative amendment process is underway to correct the defect.

  • tau.tshepo.3 - 2013-02-07 14:02

    What??? this is really out of this world. Nexttime our children our depended and children will be fighting in court for the pension

  • mfumbayelangabi.silwane - 2013-02-07 14:04

    This is very wrong,I you don't love me just leave me don't leave with a piece of me,that will create problems for you.

      motlalepula.sompane - 2013-02-07 14:16

      i wonder if she took half of the household's debts too? like mortgage payment? hmm? or clothing accounts? did she share half of the debts too? if not, there goes the poor man's argument.

      thaluki.malema - 2013-02-07 14:18

      You must love your wife and look after her, even if you get divorced. And the same applies for your children, provide them with money, love and support. And if you have a dog, don't divorce him, give him wors.

  • adino.nelson - 2013-02-07 14:45

    The reason why divorce costs so much is that it is worth it!!!

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