- 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 5
Legislation 5
| 1. | Magistrates' Courts Act, 1944 | 2746 citations |
| 2. | Income Tax Act, 1962 | 1599 citations |
| 3. | Pension Funds Act, 1956 | 1515 citations |
| 4. | Divorce Act, 1979 | 236 citations |
| 5. | Maintenance Act, 1998 | 125 citations |