• Walking a tightrope: The business rescue practitioner’s challenge of serving competing interests
  • COVID-19: Force majeure and the effect it has on rental contracts
  • Surrogacy and the courts’ criteria for being suitable
  • Striking a balance in bail proceedings – how does a court determine bail in the interest of justice?

Feature Articles

Making sense of the demerit points system as a juristic person

Read more

Feature Articles

Dispute resolution forum: Is your pension fund regulated by the Pension Fund Act?

Read more

Editorial

Commencement of certain sections of the Protection of Personal Information Act

Read more

COVID-19

Latest COVID-19 articles and information for the legal profession

For all articles pertaining to COVID-19 on the De Rebus website

    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.