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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Extending death benefits to cohabitants under Section 37C of the South African Pension Funds Act: Hlathi v University of Fort Hare Retirement Fund
Author:Dyani, NtombizozukoISNI
Year:2012
Periodical:Journal of African Law (ISSN 0021-8553)
Volume:56
Issue:2
Pages:296-306
Language:English
Geographic term:South Africa
Subjects:legislation
cohabitation
pensions
judgments
Abstract:Cohabitation is left largely unregulated in South Africa, which means that many cohabitants are left destitute or financially worse off when their cohabiting partners die. The Pension Funds Act 24 of 1956, in particular section 37C, is one of the few pieces of legislation that affords legal protection to cohabitants who are left financially worse off due to the death of their partners. However, three previous pension funds adjudicators gave different views as to how to interpret this provision. This note seeks to compare three decisions by three different adjudicators and concludes that the latest decision in Hlathi is the most preferred, because it interprets section 37C progressively, taking into account the spirit, purport and objects of the Bill of Rights. Notes, ref., sum. [Journal abstract]
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