Tlali and Another v Government Employees Pension Fund and Others (8000/2020) [2024] ZAGPPHC 843 (27 August 2024)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2024 >> [2024] ZAGPPHC 843 | Noteup | LawCite sino index ## Tlali and Another v Government Employees Pension Fund and Others (8000/2020) [2024] ZAGPPHC 843 (27 August 2024) Tlali and Another v Government Employees Pension Fund and Others (8000/2020) [2024] ZAGPPHC 843 (27 August 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2024_843.html sino date 27 August 2024 REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO: 8000/2020 1.       REPORTABLE: YES /NO 2.       OF INTEREST TO OTHER JUDGES: YES /NO 3.       REVISED:  YES/NO DATE: 27/08/2024 SIGNATURE OF JUDGE: In the matter between: TLALI DIKELEDI ALINA                                                       First Applicant TLALI DIKELEDI ALINA N.O.                                           Second Applicant and GOVERNMENT EMPLOYEES PENSION FUND              First Respondent MATHENGA MATAKANE ANNY Second Respondent MATHENGA MATAKANE ANNY N.O. Third Respondent JUDGMENT Basson AJ 1. Paragraph 5 of the order of my judgment handed down on 26 August 2024 reads that: “ 5.      The Second Respondent is interdicted from finalising the deceased estate of Khathatso Clifton Tlali or from the making of any payments or distributions therefrom until the Second Respondent’s claim for maintenance in terms of the Maintenance of Surviving Spouses Act has been finalised.” 2. This is a patent error and will not give effect to the judgment handed down. Paragraph 5 should read: “ 5.      The Second Applicant is interdicted from finalising the deceased estate of Khathatso Clifton Tlali or from the making of any payments or distributions therefrom until the Second Respondent’s claim for maintenance in terms of the Maintenance of Surviving Spouses Act has been finalised.” 3. I therefore correct the order I made on 26 August 2024 to read as follows: [76]   I therefore make the following order: 1. The point in limine raised in the counter application, insofar as it may still be necessary, is not upheld. 2. No order as to costs is made in respect of the point in limine. 3. Both of the applications and the relief sought in the main and the amended notices of motion are dismissed. 4. It is declared that the Second Respondent was the life partner of the late Khathatso Clifton Tlali. 5. The Second Applicant is interdicted from finalising the deceased estate of Khathatso Clifton Tlali or from the making of any payments or distributions therefrom until the Second Respondent’s claim for maintenance in terms of the Maintenance of Surviving Spouses Act has been finalised. 6. First Applicant is ordered to pay all costs in respect of the initial and amended Notices of Motion including the costs in respect of the counter application. 7. No order for costs is made in respect of Second Applicant. 4. I therefore so order. Basson AJ Gauteng, Pretoria Date Heard: 16 May 2023 Date of correction of order: 27 August 2024 Attorney for First and Second Applicants: Mr M D Hlatshwayo Advocate for Second and Third Respondents: Adv A Nell. sino noindex make_database footer start