- Case summary
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Whether a warrant of execution issued by the High Court, pursuant to an order to pay
maintenance in a Rule 43 application can be issued to attach a pension benefit or
whether same can only be done if a warrant is issued by a maintenance court.
Provisions of the Pensions Act and section 26(4) of the Maintenance Act considered.
The court adopted a textual, contextual, and purposive approach to the legislation.
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Cited documents 6
Legislation 6
| 1. | Constitution of the Republic of South Africa, 1996 | 3452 citations |
| 2. | Magistrates' Courts Act, 1944 | 2700 citations |
| 3. | Income Tax Act, 1962 | 1588 citations |
| 4. | Pension Funds Act, 1956 | 1508 citations |
| 5. | Divorce Act, 1979 | 204 citations |
| 6. | Maintenance Act, 1998 | 111 citations |