, PLEASE USE THIS DOCUMENT AS A GUIDE ONLY
Question 1
(a)
(i) Which section of which Act regulates a claim for forfeiture of benefits?
A claim for forfeiture of benefits is regulated by section 9 of the Divorce Act 70 of 1979, which
provides the legal framework for depriving a spouse of patrimonial benefits accrued during the
marriage1 .
(ii) Can the court grant forfeiture regardless of whether the marriage is dissolved on the ground
of irretrievable breakdown, mental illness or continuous unconsciousness? Give a brief reason
for your answer.
The court can grant forfeiture regardless of whether the marriage is dissolved on the ground of
irretrievable breakdown, mental illness, or continuous unconsciousness, because the focus is on the
conduct and circumstances surrounding the marriage rather than the specific ground of divorce1.
(iii) Is the court bound to grant an order for full forfeiture of benefits? Very briefly explain your
answer.
The court is not bound to grant an order for full forfeiture of benefits; it exercises discretion and may
order partial forfeiture depending on the equities and facts of the case2 .
1: (Heaton & Kruger, 2024:169)
2: (Heaton & Kruger, 2024:171)
Question 1
(a)
(i) Which section of which Act regulates a claim for forfeiture of benefits?
A claim for forfeiture of benefits is regulated by section 9 of the Divorce Act 70 of 1979, which
provides the legal framework for depriving a spouse of patrimonial benefits accrued during the
marriage1 .
(ii) Can the court grant forfeiture regardless of whether the marriage is dissolved on the ground
of irretrievable breakdown, mental illness or continuous unconsciousness? Give a brief reason
for your answer.
The court can grant forfeiture regardless of whether the marriage is dissolved on the ground of
irretrievable breakdown, mental illness, or continuous unconsciousness, because the focus is on the
conduct and circumstances surrounding the marriage rather than the specific ground of divorce1.
(iii) Is the court bound to grant an order for full forfeiture of benefits? Very briefly explain your
answer.
The court is not bound to grant an order for full forfeiture of benefits; it exercises discretion and may
order partial forfeiture depending on the equities and facts of the case2 .
1: (Heaton & Kruger, 2024:169)
2: (Heaton & Kruger, 2024:171)
