Open AccessThe Law Regarding Pension Interest in South Africa Has Been Settled! Or Has it? With Reference to Ndaba v Ndaba (600/2015) [2016] ZASCA 162
Author(s) -
Motseotsile Clement Marumoagae
Publication year - 2017
Publication title -
per
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.204
H-Index - 6
ISSN - 1727-3781
DOI - 10.17159/1727-3781/2017/v20i0a1637
Subject(s) - appeal , law , supreme court , premise , political science , precedent , common law , subject (documents) , philosophy , computer science , linguistics , library science
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 had adequately clarified how this area of law should be understood. In 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 highlighted. This paper further demonstrates aspects of this area of law which the Supreme Court of Appeal did not settle and would potentially be subject to future litigation. This 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.