Bangani v Government Employee Pension Fund and Others

The dispute arose after the death of Mr Mnikelo Bangani, an employee of the Department of Correctional Services and a member of the Government Employee Pension Fund. The third respondent alleged that she was married to the deceased in a civil marriage concluded in 1994, which had never been dissolved, despite their separation. The appellant claimed that the deceased’s marriage to the third respondent was a customary marriage that had been dissolved by a Regional Authority order, and that she herself had married the deceased by civil rites in 2002. After the deceased’s death in 2006, the third respondent obtained an interdict preventing payment of pension and leave benefits pending a declaration of marital status. In 2007, the High Court declared that the marriage between the deceased and the third respondent had not been dissolved and that no valid marriage existed between the deceased and the appellant. The appellant sought leave to appeal many years later and failed to prosecute the appeal timeously, leading to extensive delays of up to 17 years since the original judgment.

Condonation for the late filing and prosecution of the appeal was refused. The appeal was declared to have lapsed, reinstatement was refused, and no order as to costs was made.

The case reaffirms the strict application of Uniform Rule 49 and the importance of finality in litigation. It underscores that extreme delays and inadequate explanations will justify refusal of condonation regardless of the personal importance of the dispute. The judgment also clarifies that a Regional Authority order for return of lobolo does not automatically constitute dissolution of a customary marriage and highlights evidentiary requirements in disputes concerning marital status and pension benefits.