The judge ruled that more information is required to determine the beneficiaries.
The Mpumalanga High Court has ruled that Alexander Forbes may not pay out former deputy president David Mabuza’s pension to anyone just yet.
Judge Johannes Hendrickus Roelofse made the ruling on Tuesday, citing the need for further submissions from the represented parties.
Mabuza’s daughter, Tamara Silinda, recently approached the court seeking an urgent interdict to stop Alexander Forbes from releasing the R44 million payout.
The matter before the court was split into two parts, but Roelofse insisted that the second part — which includes the final dispute between Mabuza’s family members — was not complete.
“The papers in part B have not closed yet. By that, I mean that all the evidence that forms part of the relief sought in part B is not before the court.
“What the court has before it is the evidence for consideration of part A, together with the evidence I requested for certainty of certain things from the second respondent,” said Roelofse.
‘The ultimate dispute’
The judge elaborated on the initial motion, stating that part A was an interim measure sought until the particulars of part B could be resolved.
“The ultimate dispute is what must happen with the R44.7 million? Must it be distributed in terms of section 37C of the Pensions Funds Act or in any other manner?” stated Roelofse.
The legislation mentioned by the judge refers to a company’s discretion to make payments to beneficiaries based on their own policy terms and conditions.
Roelofse said that when the matter was heard last week, he was concerned about “discrepancies” in the agreement between Mabuza and Alexander Forbes.
The judge said he weighed up the decision to grant an interim order “to preserve the status quo” until the paperwork could be closely scrutinised.
“In my mind, to decide the main dispute, which is fully encapsulated in part B of the notice of motion, will be premature because the parties still have to file all their affidavits.
“I can therefore not venture into what the court will decide at one time in the future without having the papers before me,” Roelofse explained.
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