IN THE HIGH COURT OF SOUTH AFRICA

[DIVISION NAME], [CITY]

Case No.: [Insert Case Number]

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:

1. Condoning the Applicant’s non-compliance with forms, 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;
2. PENDING THE FINALISATION of the divorce between the Applicant and First Respondent in the above Honourable Court under case number [Insert Divorce Case Number], the Second Respondent is interdicted and restrained from paying any money to the First Respondent, pursuant to his/her pension interest in [Insert Fund Name] (the Fund), with member number [Insert Member Number];
3. IN THE EVENT the First Respondent is a member of the Fund at the date of divorce:
   1. Fifty percent (50%) of the First Respondent’s pension interest in the Fund is to be paid to the Applicant upon the divorce;
   2. The Fund is Ordered to pay the aforesaid (50%) pension interest to the Applicant or transfer it to another pension fund of her/his choice on her/his behalf, in terms of section 37D(4) of the Pension Funds Act 24 of 1956 read with section 7(8) of the Divorce Act 70 of 1979;
   3. An endorsement is to be made in the records of the Fund that the aforesaid (50%) pension interest is to be paid to the Applicant.
4. IN THE EVENT the First Respondent is not a member of the Fund at the date of divorce:
   1. The Fund is to pay the Applicant 50% (fifty per cent) of the money the First Respondent will receive due to his/her exit as a member of the Fund within 60 (sixty) days of the divorce.
5. Service of any Order made may be served on the Respondents via email to the First Respondent at [Insert First Respondent Email] and the Second Respondent at [Insert Second Respondent Email(s)].
6. That costs are to stand over for later determination; and
7. That the Applicant be granted further and/or alternative relief.

KINDLY TAKE NOTICE FURTHER that if you intend opposing the Application, you are required to:

1. Notify the Applicant’s Legal Practitioner within 24 (TWENTY-FOUR) HOURS after receipt of this Application via email and/or via the Sheriff, whichever occurs first; and
2. Within 72 (SEVENTY-TWO) HOURS after you have so given notice of your intention to oppose the Application, file your answering affidavit, if any; and further;
3. Appoint in such notification an email address at which you will accept notice and service of all documents in these proceedings.

TAKE NOTICE FURTHER that the Applicant has appointed the firm [Insert Firm Name], with its details as stated below, as her/his attorneys of record and address referred to in rule 6(5)(b) at which she/he 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].

FOUNDING AFFIDAVIT TEMPLATE

IN THE HIGH COURT OF SOUTH AFRICA

[DIVISION NAME], [CITY]

Case No.: [Insert Case Number]

FOUNDING AFFIDAVIT

I, the undersigned, [FULL NAME OF APPLICANT], do hereby make oath and state as follows:

1. THE APPLICANT
   1. I am an adult [male/female], with identity number [Insert ID Number], the Applicant in this matter.
   2. The facts contained herein are within my own personal knowledge and are both true and correct unless the context indicates otherwise.
   3. My residence is [Insert Full Address]. I am employed as [Insert Occupation]. My [Insert Number] minor children reside with me. I am their primary caregiver.
2. FIRST RESPONDENT
   1. 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].
   2. The First Respondent is currently [Insert Employment Status].
   3. The First Respondent and I are married to each other. I instituted divorce proceedings out of this Honourable Court. We have [Insert Number] minor child(ren) together. I am their primary caregiver.
3. 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 email address used to communicate with them is [Insert Email Address].
4. REASON FOR THIS APPLICATION[Provide a summary of why the application is being brought, e.g., to protect pension interests, financial security, or maintenance rights pending divorce.]
5. FACTUAL BACKGROUND[Insert details about the marriage, divorce proceedings, financial situation, and any relevant correspondence or supporting documents. Use placeholders for dates and amounts.]
6. PRAYERFor the reasons outlined above, I humbly and respectfully request an Order as outlined in the attached Notice of Motion.
7. I am indebted to this Honourable Court for its valuable time.

[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