Extending Death Benefits to Cohabitants under Section 37C of the South African Pension Funds Act
Hlathi v University of Fort Hare Retirement Fund
Bibliographic Data
| ID | 16767460 |
|---|---|
| Authors | Ntombizozuko Dyani-Mhango (0000-0001-6073-600X, corresponding author), Ntombizozuko Dyani |
| Year | 2012 |
| Volume | 56 |
| Issue | 2 |
| Pages | 296-306 |
| Publication date | 2012-10-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Journal of African Law (JOURNAL) |
| Journal identifiers | ISSN: 0221-8553 • E-ISSN: 1464-3731 |
| Publisher | Cambridge University Press (PUBLISHER • US) |
| DOI | 10.1017/s002185531200006x |
| OpenAlex | W2054813288 |
| Language | EN |
| Citations received | 1 |
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 afford 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
Business · Cohabitation · Economics · Legislation · Pension · Political science · Section (typography) · Conflict of Laws and Jurisdiction · Law · Legal Issues in South Africa · Legal Studies and Reforms
| Unique citing works | 1 |
|---|---|
| Citations per year | 1 |
| Citation span | 2026 - 2026 (1) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 1 |