IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF LIMPOPO

HELD AT SIBASA

Case No: 07/2022

In the matter between:-

Muche Mnarine APPLICANT

And

Munche Melusi RESPONDENT

NOTICE OF MOTION
__________________________________________________________________
BE PLEASED TO TAKE NOTICE THAT the above named Applicant intends to make an
application to the above Honourable Court on a date to be arranged with the Registrar of the
Court for an Order in the following terms:-

1. That the decree of divorce granted on the 21 st of September 2022 be varied to

include Section 7(8) (a)(i) and (ii) of the Divorce Act of 1979;

2. That the Court endorses the divorce decree granted as follows:-

“ It is ordered that 50% of the Respondent Pension Interest held in Rose Retirement Fund as
at the date of the granting of the decree of divorce be paid to the Plaintiff as determined in
Section 37D of the Pension Fund’s Act, No. 24 of 1956, as amended, read with Section 7 (8)
of the Divorce Act, Act No. 70 of 1979”

BE PLEASED TO TAKE FURTHER NOTICE that an affidavit of XXXXXXXXXXXXX

attached hereto will be used in support of the application.

FURTHER TAKE NOTICE that the Applicant has appointed AK Attorneys as Address at
which she will accept service of all notices and processes in these proceedings.

TAKE NOTICE FURTHER that if you intend to Oppose this application you are required.

1. To notify the Applicant’s Attorneys in writing within 10 (ten) days of receipt hereof and
within 15 (fifteen) days after you have given Notice of Intention to Oppose the
application, to file an Answering Affidavit, if any and further that you are required to
appoint in such notification an address referred to in the Uniform Rules at which you
will accept notice and service of all documents in these proceedings.

Thus done and dated at THOHOYANDOU on this the 07TH day of MAY 2018.
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 _____________________________

APPLICANT’S ATTORNEYS
Ak Attomery Inc
197 church street
Venda plaza
thohoyandou

TO: THE REGISTRAR OF THE HIGH COURT, THOHOYANDOU

AND TO: ___________________________________

XXXXXXX ATTORNEYS
REF:DIV/2016

RECEIVED COPY HEREOF ON THIS

THE_____ DAY OF MAY 2019
_____________________________

IN THE REGIONAL COURT FOR THE REGIONAL DIVISION OF LIMPOPO

HELD AT SIBASA

CASE NO: 77/2022

In the matter between:-

Muche Unarine APPLICANT

AND

Muche Melusi RESPONDENT

FOUNDING AFFIDAVIT
I, the undersigned
Muche Mnarine
Do hereby declare under oath as follows:-

1. I am a female major personwith Identity Number 1785679 residing at Sibasa, in the

Vhembe District in the Limpopo Province.

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The Respondent is Muche Mulesi an adult male person with Identity Number 886752
residing 867 Block F Thohoyandou Vhembe District in the Limpopo Province

2. The facts contained herein fall within my knowledge save where otherwise indicated,
are to the best of my knowledge and belief true and correct.
JURISDICTION
3. This Honourable Court has the jurisdiction to entertain this application in that it granted
the decree of divorce.
LOCUS STANDI
4. I am a divorcee who was married to the Respondent in the community of property
marriage rites, which marriage has been dissolved by a divorce order granted on 1st August
2022 by the above Honourable Court.
I am making this application on my behalf against the Respondent as prayed for in the
Notice of Motion.
FACTUAL BACKGROUND
4. The Applicant (Plaintiff the main action) instituted divorce action against the
Respondent. After all pleadings parties entered into a Settlement Agreement dated
04th July 2022 which was subsequently made an order of the court. Attached hereto is
a Decree of Divorce & Settlement Agreement marked “A1” The divorce decree,
amongst others, included division of the joint estate. In the Settlement Agreement,
however, there was an incorrect citation of the Fund, cited as ‘JEPF instead of GEPF.
GROUNDS FOR APPLICATION
6. After divorce was granted by the above Honourable Court, I lodged a claim for payment of
50% of the Respondent’s Pension Interest held by GEPF Pension Fund as cited in
the Settlement Agreement. I was later informed by GEPF PensionFund that at the
date of divorce, the Respondent was a member of GEPF Pension Fund and not JEPF
Pension Fund.
GEPF Fund further advice on what to be done before it can facilitate payment to me.
Annexed hereto is a communique from GEPF marked “A 2“.
RELIEF SOUGHT
7. That the Court vary the decree of divorce by endorsing such as to reflect that the Applicant
is entitled to 50% of the Respondent’s Pension Fund Interest held by GEPF Pension Fund as
at the date of the granting of the decree of divorce.
That GEPE Fund endorses its record and pays the allocated portion to the Applicant.
That the Respondent pay costs of this application.
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PRIMA FACIE RIGHT
8. I am by law and specifically by virtue of marriage in the community of property, entitled to
50% of the Respondent’s pension interest held by the GEPF Pension Fund. I have
therefore established a prima facie right.
NO ALTERNATIVE REMEDY
9. I have exhausted all internal remedies available including lodging the claim for payment of
50% or one-half share of the Respondent’s pension interests held by the GEPF
Pension Fund.
IRREPARABLE HARM
10. I submit that I will suffer harm if I don’t benefit from my entitlement of the 50% half share
of the pension of the Respondent held by GEPF Fund as it, by law, forms part of the
joint estate.
I wish to state that there was no forfeiture of the joint estate which was sought against me
by the Respondent whether in whole or in part and I am therefore entitled to the 50%
pension fund interest of the Respondent held by the GEPF Fund.
BALANCE OF CONVINIENCE
11. I have set out above the irreparable harm which I will suffer if the order prayed for is
refused.
Against the irreparable harm that the Applicant will suffer if this application is refused, it is
respectfully submitted that the Respondent is unlikely to suffer any harm or prejudice
if the order is granted in terms of the prayers in the Notice of Motion as the prayers
are what is by law due to the Applicant/ me.
WHEREFORE I pray for an order in terms of Notice of Motion.

_____________________
Deponent

Thus sworn to and signed before me at _______________________ on this

day of____________________20__ the Deponent having acknowledged that he knows
and understands the contents of the above affidavit, that he has no objection to taking the
prescribed oath and considers the oath to be binding on his conscience.

____________________________
COMMISSIONER OF OATHS

FULL NAMES:
STREET ADDRESS:
CAPACITY:
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AREA: