BS v PS

The parties were married out of community of property subject to the accrual system. The marriage irretrievably broke down after approximately 28 years. At divorce, the appellant’s estate showed no accrual, while the respondent’s estate showed accrual in the matrimonial home and his pension interest in the Government Employees Pension Fund (GEPF). The High Court ordered partial forfeiture under s 9 of the Matrimonial Property Act, limiting the appellant to 20% of the accrual, and deferred payment of her share of the pension interest under s 10 of the Act. The appellant appealed against both the forfeiture and the deferral of payment.

The appeal succeeded with costs. The forfeiture order was set aside. The respondent was ordered to pay R433 000 to the appellant in respect of the matrimonial home, and the GEPF was ordered to pay the appellant 50% of the respondent’s pension interest calculated as at the date of divorce, without deferral, together with the necessary administrative endorsements.

The case clarifies that forfeiture of accrual requires proper proof of undue benefit and fault, and confirms that contributions to accrual include indirect and household contributions. Importantly, it authoritatively establishes that courts may not defer payment of pension interests from the Government Employees Pension Fund after divorce, reinforcing the clean-break principle in relation to public sector pensions.