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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Pension death benefits under the Malawi Pension Bill 14 of 2010: reflections from South African and Australia
Authors:Dyani, NtombizozukoISNI
Mhango, MtendewekaISNI
Year:2012
Periodical:The Comparative and International Law Journal of Southern Africa (ISSN 0010-4051)
Volume:45
Issue:1
Pages:18-41
Language:English
Geographic term:Malawi
Subjects:pensions
bill drafting
legislation
External link:http://hdl.handle.net/10520/EJC124039
Abstract:Pension regulation in Malawi has been uncertain and inadequate until recently with the introduction by Parliament of 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. This article examines the clauses of the Bill that regulate the payment of death benefits, namely clauses 70 and 71. While it argues that these clauses are progressive and should be welcomed, the paper highlights some of the potential problems that are likely to emerge from their implementation if the Bill is passed in its current form. The authors argue that while the Bill appears to have avoided some of the problems that have emerged elsewhere by adopting an expansive and progressive definition of a spouse, a number of other problems are likely to emerge. However, these problems can be addressed by reliance on relevant South African and Australian legal developments and best practices. Notes, ref., sum. [Journal abstract, edited]
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