Court of Appeal allows lawyer Rosli Dahlan to challenge police, prosecution seizure of four ASNB accounts

The Bloemfontein High Court has prohibited the Government Employees’ Pension Fund (GEPF) from disbursing R326,000 of a former prosecutor's pension benefits while a child maintenance dispute is being resolved. The children's mother sought legal action after the fund failed to fulfill previous court orders for R160,000 in arrear maintenance and R66,000 for future maintenance.

The father, who held a previous position at the National Prosecuting Authority, also neglected to comply with an earlier court order to pay maintenance and provide for the children's education expenses. Judge JP Daffue criticized the father for neglecting his children over many years by refusing to contribute to their upkeep. The court emphasized that the Maintenance and Pension Funds Act is working together to protect the interests of recalcitrant individuals like the respondent.

The father argued that the application hindered his access to pension money, making it challenging for him to meet his financial obligations for maintenance and school fees. However, the judge disagreed, stating that the father had not provided sufficient information about his income and expenses to justify his inability to make the payments.

Initially, the mother requested the court to prevent the fund from paying R607,400 to the father while maintenance proceedings were ongoing. Nevertheless, the judge determined that the amount lacked proper justification and was unwilling to secure funds for more than a year of future maintenance. The court ruled that R326,000 should be withheld from the father's pension payout until the maintenance proceedings in Bloemfontein are finalized.

This sum encompasses the R160,000 in arrear maintenance and R66,000 for future maintenance that were previously ordered by the maintenance court, which remain unpaid, along with R100,000 allocated to secure a limited period of future maintenance.