Foloko and Others v LADB Pension Fund and Others (CIV\APN\142\95; CIV\APN\143\95; CIV\APN\144\95; CIV\APN\145\95) [1996] LSHC 40 (13 March 1996)

Foloko and Others v LADB Pension Fund and Others (CIV\APN\142\95; CIV\APN\143\95; CIV\APN\144\95; CIV\APN\145\95) [1996] LSHC 40 (13 March 1996)

Applicants are entitled to the full benefits of the fund, including both their own and employer's contributions, as the rules do not permit set-off or withholding of benefits in the circumstances presented. The respondents failed to prove any valid debt or judgment justifying deductions or set-off under the fund rules.

Citation
[1996] LSHC 40
Parties
Applicant: Mathetso Foloko; Applicant: Solomon Lethoba; Applicant: Charles Mahasa; Applicant: Thabo Tlalinyane; Respondent: L.A.D.B. Pension Fund; Respondent: Lesotho Agricultural Development Bank; Respondent: Metropolitan Life Insurance Co.; Respondent: Principal Officer (LADBPF) S. Molelle
Court
High Court
Jurisdiction
Lesotho
Judgment Date
13 March 1996
Case Number
CIV\APN\142\95 ; CIV\APN\143\95 ; CIV\APN\144\95 ; CIV\APN\145\95
Procedural Posture
Civil Application / Judgment
Outcome
Judgment for applicants
Legal Topics
Pension Benefits, Set Off, Employer Contributions, Deductions From Benefits
Source Language
English
Employment Law Pension Law Pension Benefits Set Off Employer Contributions Deductions From Benefits

Case Brief

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Parties

Mathetso Foloko

Applicant

Solomon Lethoba

Applicant

Charles Mahasa

Applicant

Thabo Tlalinyane

Applicant

L.A.D.B. Pension Fund

Respondent

Lesotho Agricultural Development Bank

Respondent

Metropolitan Life Insurance Co.

Respondent

Principal Officer (LADBPF) S. Molelle

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether applicants are entitled to employer's (second respondent's) 22% pension contribution upon dissolution of the fund
  2. 2 Whether set-off of alleged debts against pension benefits is permissible under fund rules
  3. 3 Whether withholding of benefits for alleged misconduct or pending criminal cases is lawful

Ratio Decidendi

Applicants are entitled to the full benefits of the fund, including both their own and employer's contributions, as the rules do not permit set-off or withholding of benefits in the circumstances presented. The respondents failed to prove any valid debt or judgment justifying deductions or set-off under the fund rules.

Court Disposition

Judgment for applicants

Orders

  • 1st applicant awarded M11,811.60
  • 2nd applicant awarded M23,308.29