Legal Articles and Guides
In what a report in The Mercury calls a ground-breaking judgment for couples married in community of property but divorced, the Supreme Court of Appeal has ruled that pensions fall into their joint estate and form part of half of the assets each party would receive. Pretoria divorce lawyer Selwyn Shapiro said that prior to this judgment, there were conflicting judgments as to whether or not a pension interest automatically fell into a joint estate if the parties were married in community of property.
A corrupt procurement officer formerly in the employ of a food company in Lambertâ€™s Bay, who was due for retirement in December after 44 years service, has forfeited half of his R2m pension benefits as compensation for the companyâ€™s R2.6m loss, says a report on the IoL site. In addition, Daniel Jacobus Poggenpoel (63), a married father of four, was jailed for five years when he appeared in Cape Town's Specialised Commercial Crime Court before Magistrate Constance Nziweni yesterday.
A brother and sister went to court after their wealthy father made his caregiver a beneficiary in his will, effectively freezing them out of inheriting for 15 years, says a Cape Times report. The consequence of the decision by the late Jacobus Grimbeek was that his children would have to wait out the stipulated period before they could inherit from him.