In the case between Mr Tsietsi Philemon Mashola and Mrs Makwena
Delina Mashola, the Supreme Court of Appeal
("SCA") was tasked with determining
whether, following their divorce, Mr Mashola should be subjected to
a partial forfeiture order in respect of Mrs Mashola's pension
interest/benefit held by the Government Employee Pension Fund
("GEPF").
During the trial it emerged that Mr Mashola had engaged in a
long-standing extramarital affair, which had significant impacts on
their marital estate, including minimal financial contributions
from Mr Mashola and asset transfers to his mistress, Ms Mapula Eva
Leshiba.
Evidence presented before the trial
At trial, it was established that Mr Mashola's prolonged
extramarital affair with Ms Leshiba lead to the breakdown of the
marriage. During this time, Mr Mashola made very minimal
contributions to the joint estate and used assets from the joint
estate for Ms Leshiba's businesses where he also had shares.
Mrs Mashola had to
