In terms of section 7D(1)(a) of the Pension Funds Act (“the Act”) one of the duties of the board of trustees of a retirement fund is “to ensure that proper registers, books and records of the operations of the fund are kept”.

The Constitutional Court in 2004, in the matter of Volks NO v Robinson and Others, held that a permanent life partnership is not a marriage for purposes of the Maintenance of Surviving Spouses Act, and that it is, for purposes of this Act, justified to differentiate between married couples and permanent life partners.

Draft amendments to regulation 28 of the Pension Funds Act were published for comment in February 2021 and October 2021. The final draft has now been tabled in Parliament for review, where after the amendments will be published in the Government Gazette.