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      The law regarding pension interest in South Africa has been settled! Or has it? With reference to Ndaba v Ndaba (600/2015) [2016] ZASCA 162

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          Abstract

          This article reflects on the law relating to pension interest in South Africa. In particular, it assesses whether the Supreme Court of Appeal in Ndaba v Ndaba (600/2015) [2016] ZASCA 162 adequately clarified how this area of law should be understood. In the light of the inconsistent approaches from various divisions of the High Court, it has not always been clear how the courts should interpret the law relating to pension interest in South Africa. In this paper, aspects of this area of law which have been clarified by the Supreme Court of Appeal are addressed. The paper also addresses aspects of this area of law which the Supreme Court of Appeal had not settled and which could potentially be subject to future litigation. The paper is based on the premise that while Ndaba v Ndaba is welcomed, the Supreme Court of Appeal nonetheless missed a golden opportunity to authoritatively provide a basis upon which the law relating to pension interest in South Africa should be understood.

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          Most cited references6

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          "Does a Non-Member Spouse Have a Claim on Pension Interest?

          M. Pienaar (2015)
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            A Practical Guide to Patrimonial Litigation in Divorce Actions

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              English Dictionary - Entitlement

              (2024)
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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                Publication of North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2017
                : 20
                : 1
                : 1-22
                Affiliations
                [01] orgnameUniversity of the Witwatersrand South Africa Clement.Marumoagae@ 123456wits.ac.za
                Article
                S1727-37812017000100026
                10.17159/1727-3781/2017/v20n0a1637
                e4f67bce-662a-463e-877e-8e1bdccbcd3e

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                History
                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 6, Pages: 22
                Product

                SciELO South Africa


                Pension interest,entitlement,divorce,pension fund,spouse
                Pension interest, entitlement, divorce, pension fund, spouse

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