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n Annual Survey of South African Law - Family law
South African Post Office SOC Ltd Amendment Act 38 of 2013
Section 5 and the Schedule to the South African Post Office SOC Ltd Amendment Act 38 of 2013, amend the Post and Telecommunication-related Matters Act 44 of 1958 (formerly the Post Office Act 44 of 1958). In terms of the amendments, the pension interest of a member of the Post Office Retirement Fund is deemed to be part of his or her assets on divorce, and the non-member spouse's share of the pension interest can be paid to the non-member after divorce. These amendments bring the position in respect of the Post Office Retirement Fund in line with that which applies to pension funds falling under the Pension Funds Act 24 of 1956 and the Government Employees Pension Law, 1996. The Amendment Act, which arose from the order of unconstitutionality made in Ngewu v Post Office Retirement Fund 2013 (4) BCLR 421 (CC), came into operation on 27 January 2014 (Proc 53 GG 37269 of 27 January 2014). Ngewu and its sequel, which probably hastened the coming into operation of the Amendment Act, are discussed below.
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