Introduction
Are you considering making an urgent application to the High Court of South Africa to interdict pension fund payouts pending the finalisation of your child maintenance matter? If so, consider the template below.
Please note that this template is provided for informational purposes only and should be adapted to your specific circumstances.
If you require professional assistance in preparing your application or representation in court, you can contact Advocate Muhammad Abduroaf, an experienced legal practitioner in family law and child maintenance matters.
NOTICE OF MOTION TEMPLATE
IN THE HIGH COURT OF SOUTH AFRICA
[DIVISION NAME], [CITY]
Case No.: [Insert Case Number]
In the matter between:
[FULL NAME OF APPLICANT] (Applicant)
Identity Number: [Insert ID Number]
and
[FULL NAME OF FIRST RESPONDENT] (First Respondent)
Identity Number: [Insert ID Number]
and
[FULL NAME OF SECOND RESPONDENT] (Second Respondent)
Registration Number: [Insert Registration Number]
and
THE MAINTENANCE OFFICER, [Insert Maintenance Court Name] (Third Respondent)
NOTICE OF MOTION
TAKE NOTICE that the Applicant intends to make an Application to the above Honourable Court on [DAY, DATE, YEAR] at [TIME] or as soon thereafter as Counsel may be heard for an Order in the following terms:
- Condoning the Applicant’s non-compliance with forms and service and time periods provided in the Uniform Rules of this Honourable Court and permitting this application to be entertained as a matter of urgency in terms of Rule 6(12) of the Rules of Court;
- PENDING THE FINALISATION of the maintenance enquiry between the Applicant and the First Respondent under case number [Insert Maintenance Case Number], currently before the [Insert Maintenance Court Name], the Second Respondent is interdicted and restrained from paying any money or benefits to the First Respondent, from the following fund:
- Fund name: [Insert Fund Name]; and
- Membership number: [Insert Membership Number]
- Within 21 (twenty-one) days of an Order to do so, the Second Respondent is to provide the Applicant, through her legal representative and to the Third Respondent, full details of the retirement and/or withdrawal benefits, as well as an updated statement outlining the benefits held in the fund;
- Once the maintenance proceedings have been finalised, the Maintenance Court may consider the benefits in the fund in making the appropriate maintenance order, which may include attaching a sum to satisfy a maintenance order in terms of section 16(1)(a)(ii) of the Maintenance Act 99 of 1998, and a lump sum to satisfy a maintenance order for future maintenance in terms of section 16(1)(a)(i) of the said Act;
- Service of any Order made may be served on the Respondents via email to:
- First Respondent: [Insert Email Address(es)]
- Second Respondent: [Insert Email Address]
- Third Respondent: [Insert Email Address]
- Costs, in the event this Application is opposed; and
- That the Applicant be granted further and/or alternative relief.
KINDLY TAKE NOTICE FURTHER that if you intend to oppose the Application, you are required to:
- Notify the Applicant’s Legal Practitioner by [Insert Deadline Date and Time];
- Appoint in such notification an email address at which you will accept notice and service of all documents in these proceedings;
- By [Insert Deadline Date and Time], after you have given notice of your intention to oppose the Application, file your Answering Affidavit, if any; and
- Whereafter, the Applicant shall file a Replying Affidavit.
TAKE NOTICE FURTHER that the Applicant has appointed the firm [Insert Firm Name], with its details as stated below, as her legal practitioner of record and address referred to in rule 6(5)(b) at which she will accept notice and service of all process in these proceedings. The firm consents to service of all processes and documents in this matter via email at [Insert Firm Email Address].
TAKE NOTICE FURTHER that the Affidavit of [Insert Applicant’s Full Name] attached hereto will be used in support of this Application.
DATED AND SIGNED AT [CITY] ON THIS [DAY] DAY OF [MONTH] [YEAR].
[Insert Legal Practitioner’s Name]
Trust Account Advocate – An advocate as contemplated in section 34(2)(b) of the Legal Practice Act, 28 of 2014 (the Act)
Firm Number with the Legal Practice Council: [Insert Firm Number]
Address: [Insert Address]
Tel.: [Insert Telephone Number]
Email: [Insert Email Address]
Ref.: [Insert Reference Number]
To:
REGISTRAR OF THE HIGH COURT
[Insert Division Name] HIGH COURT
[Insert City]
And to:
[Insert First Respondent Name]
Email: [Insert Email Address(es)]
And to:
[Insert Second Respondent Name]
Address: [Insert Address]
Email: [Insert Email Address]
And to:
[Insert Third Respondent Name]
Email: [Insert Email Address]
FOUNDING AFFIDAVIT TEMPLATE
IN THE HIGH COURT OF SOUTH AFRICA
[DIVISION NAME], [CITY]
Case No.: [Insert Case Number]
In the matter between:
[FULL NAME OF APPLICANT] (Applicant)
Identity Number: [Insert ID Number]
and
[FULL NAME OF FIRST RESPONDENT] (First Respondent)
Identity Number: [Insert ID Number]
and
[FULL NAME OF SECOND RESPONDENT] (Second Respondent)
Registration Number: [Insert Registration Number]
and
THE MAINTENANCE OFFICER, [Insert Maintenance Court Name] (Third Respondent)
FOUNDING AFFIDAVIT
I, the undersigned, [FULL NAME OF APPLICANT], do hereby make oath and state as follows:
- THE APPLICANT
- I am an adult [male/female], with identity number [Insert ID Number], the Applicant in this matter.
- The facts contained herein are within my own personal knowledge and are both true and correct unless the context indicates otherwise.
- Where I make submissions of law, I do so on the advice of my legal practitioner, whose advice I believe to be correct.
- My residence is [Insert Full Address]. I am employed as [Insert Occupation]. With me reside [Insert Number] minor children. Their names are [Insert Names].
- THE FIRST RESPONDENT
- The First Respondent in this matter is [FULL NAME OF FIRST RESPONDENT], an adult [male/female], with identity number [Insert ID Number], residing at [Insert Address].
- The First Respondent is currently employed as [Insert Occupation].
- The First Respondent and I are married to each other in terms of the Recognition of Customary Marriages Act 120 of 1998. All requirements as provided for in section 3(1) of the latter Act have been complied with.
- THE SECOND RESPONDENTThe Second Respondent is [FULL NAME OF SECOND RESPONDENT], a private company with registration number [Insert Registration Number], which provides financial services, operating from [Insert Address].
- THE THIRD RESPONDENTThe Third Respondent is the Maintenance Officer of [Insert Maintenance Court Name], cited herein due to their interest in the maintenance matter pending between the First Respondent and me.
- THE MINOR CHILDThe minor child this Application relates to is [Insert Child’s Full Name], with identity number [Insert ID Number]. She/he is [Insert Age] years old and attends [Insert School Name].
- REASON FOR THIS APPLICATION AND URGENCY[Provide a summary of why the application is urgent, e.g., to interdict pension payouts pending maintenance proceedings.]
- OUR MARRIAGE[Insert details of the marriage, including date, location, and compliance with customary law requirements.]
- FINANCIAL SUPPORT BY THE FIRST RESPONDENT[Insert details of financial arrangements and defaults by the First Respondent.]
- MY FINANCIAL SITUATION[Insert details of income, expenses, debts, and financial hardship.]
- FIRST RESPONDENT’S FINANCIAL SITUATION[Insert details of the First Respondent’s income and spending habits.]
- CLEAR RIGHTThe minor child has a constitutional right to maintenance. I also have a right to claim expenses incurred since the First Respondent left.
- APPREHENSION OF IRREPARABLE HARM[Explain why the First Respondent will dissipate funds and why urgent relief is needed.]
- NO ALTERNATIVE REMEDY[Explain why no other remedy exists if funds are dissipated.]
- RELIEF SOUGHTAs outlined in the attached Notice of Motion.
- CONCLUSIONThe minor child’s best interests must be prioritised. The relief sought is necessary to secure maintenance rights.
[FULL NAME OF APPLICANT]
__________________________________
SIGNED and SWORN to before me at [Insert Place] on this the [Insert Day] day of [Insert Month] [Insert Year], the said deponent acknowledged that s/he knows and understands the contents of this Affidavit and that s/he had no objection to the taking of the Oath and that s/he considered the oath as binding on his/her conscience, by uttering the words: “I swear that the contents of this declaration are true, so help me God”.
__________________________
Commissioner of Oaths
