In the Northern Cape High Court, Williams J upheld an appeal against the Regional Court’s refusal to award the appellant 50% of the respondent’s pension interest, as required under section 7(8)(a)(i) of the Divorce Act. The Regional Court’s decision, which effectively forfeited the appellant’s pension share without justification or evidence of undue benefit, was found to be based on improper principles. The appeal succeeded, granting the appellant 50% of the pension interest. The judgment also addressed the previously omitted care, contact, and maintenance arrangements for the minor children, endorsing provisions for their primary residence with the respondent and shared parental responsibilities.
S.J.W v V.W (Born M) (CA&R 54-2023) [2024] ZANCHC 97 (6 September 2024)