Despite the fact that the accrual system has been in operation for over 26 years,
there is very little case law dealing with the operation and principles of this
system (see Schulze "Some thoughts on the interpretation and application of
section 8(1) of the Matrimonial Property Act 88 of 1984" 2000 THRHR 116 117;
Ferreira "Protection of the right to accrual sharing" 2002 THRHR 287). In this
note I refer to two recent cases that dealt with the operation of the accrual system
but resulted in conflicting judgments. The first is the as yet unreported case of Le
Roitx v Le ROILX (case no 1245/2008 (NCK), delivered on 2009-10-30) and the
second is MS vNB 2010 3 SA 220 (GSJ). Both cases concern the cut-off date for
the determination of accrual claims where marriages are dissolved through
divorce. As these cases propose totally different approaches, it may be useful to
ascertain what is done in other jurisdictions under similar circumstances. As the current default matrimonial property system in Germany operates very similarly
to the accrual system in South Africa, the position in Germany is discussed
briefly for purposes of comparison. After the above-mentioned cases have been
discussed and German and South African law compared, some suggestions are
made and practical pointers provided on how and when information is to be
obtained to enable parties to determine accrual claims