After its independence from Britain in 1964, Malawi's pension regulatory framework was misdirected, fragmented and non-comprehensive. This situation has been addressed by the enactment of the Pension Act 6 of 2011. This Act, which was passed into law in April 2011, comprehensively regulates the...

This article examines and comments on the provisions in the Pension Act, which make it mandatory for every employer and employee to contribute towards a pension fund in Malawi. It discusses the provisions that govern the exemption of certain employees from the Pension Act. The article examines...

This article discusses pension reforms in Lesotho and the constitutional challenges faced by Lesotho in its implementation of these reforms. The article locates this discussion within the context of the pension funding policy shift in Lesotho from a defined benefit to a defined contribution fund...

The jurisdiction of the Pension Funds Adjudicator, a tribunal set up in terms of section 30B of the Pension Funds Act, is one of the most litigated and academically debated subject matter in modern South African pension law. In this article I add to the debate by discussing a fairly recent case...

This Article maintains that Gardner-Denver remains good law in the framework of a collective bargaining agreement. While Gilmer is limited to individual circumstances there is no inconsistency between the two decisions and Gilmer does not undermine Gardner-Denver. In making this contention, the...

This article describes the development and current status of the political question doctrine theme in South African jurisprudence. It does this through a comparative discussion of the application of this doctrine in the United States. The purpose of this comparative examination is twofold: the...

Pension regulation in Malawi has been uncertain and inadequate until recently when parliament introduced the Pension Bill 14 of 2010. This Bill heralds important changes in the pension law landscape, such as expanding the categories of beneficiaries of death benefits. The Bill is progressive in...

The paper discussed the problems associated with the implementation of the death benefits provisions in South Africa, which were later adopted by the authorities in Lesotho. We reflect on these problems and discuss how these problems could be resolved in Lesotho