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    Feature article

    Clarifying the term pension fund in the Divorce Act and the Pension Fund Act

    On 3 December 2019 the Supreme Court of Appeal (SCA) delivered a judgment in the case of Nailana v Nailana (SCA) (unreported case no 714/2018, 3-12-219) (Swain JA (Petse DP, Leach and Mbatha JJA and Dolamo AJA concurring)) in which the SCA found that the reference to a ‘pension fund’ in the Divorce Act 70 of 1979 includes both pension and provident funds.