M N v F N (714/2018)
M N v F N (714/2018) [2019] ZASCA 185; 2020 (2) SA 410 (SCA) (3 December 2019)
The Supreme Court of Appeal held that the reference to 'pension fund' in the divorce order, interpreted in the context of the Divorce Act and Pension Funds Act, included both the pension and provident fund sections of the University of Limpopo Retirement Fund. The statutory definitions and the object of providing annuities or lump sum payments encompass both types of funds. No variation of the original order was necessary; a declaratory order sufficed to clarify entitlement. The fund administrator's role was administrative, and non-joinder was not fatal, especially as the administrator abided…
Source excerpt
- Divorce Act Interpretation
- Pension Interest Assignment
- Provident Fund Inclusion
- Clean Break Principle