Brinant Security Services (Pty) Ltd v Private Security Sector Provident Fund and Others (9102/2022) [2023] ZAGPPHC 1907 (13 November 2023)

Brinant Security Services (Pty) Ltd v Private Security Sector Provident Fund and Others (9102/2022) [2023] ZAGPPHC 1907 (13 November 2023)

The court found that the Pension Fund Adjudicator erred by including periods outside the three-year time bar prescribed by section 30I of the Pension Funds Act in its determination. The evidence supported the applicant's version that employees, including the second respondent, had the option to opt out of the pension fund prior to 2016 and that withdrawals made by the second respondent indicated such an election. The court accepted the applicant's circumstantial evidence and rejected the second respondent's allegations of poor administration and lack of bona fides. The complaint was validly lodged directly with the Adjudicator, but the determination was materially flawed for failing to...

Citation
[2023] ZAGPPHC 1907
Parties
Applicant: Brinant Security Services (Pty) Ltd; Respondent: The Private Security Sector Provident Fund; Respondent: JZ Fankomo; Respondent: L J Phiri; Respondent: The Pension Fund Adjudicator
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 November 2023
Case Number
9102/2022
Procedural Posture
Review Application / Judgment
Outcome
Application granted; determinations in respect of the second and third respondents set aside; costs awarded against the second respondent.
Judges
Holland-Muter
Legal Topics
Pension Fund Adjudication, Prescription Act Time Bar, Section 30p Review, Section 30a Compliance
Civil Procedure Banking and Finance Pension Fund Adjudication Prescription Act Time Bar Section 30p Review Section 30a Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Brinant Security Services (Pty) Ltd

Applicant

The Private Security Sector Provident Fund

Respondent

JZ Fankomo

Respondent

L J Phiri

Respondent

The Pension Fund Adjudicator

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the determination by the Pension Fund Adjudicator was time barred under section 30I of the Pension Funds Act.
  2. 2 Whether the complaint complied procedurally with section 30A(3) of the Pension Funds Act.
  3. 3 Whether the Adjudicator erred by considering periods outside the three-year time bar.

Ratio Decidendi

The court found that the Pension Fund Adjudicator erred by including periods outside the three-year time bar prescribed by section 30I of the Pension Funds Act in its determination. The evidence supported the applicant's version that employees, including the second respondent, had the option to opt out of the pension fund prior to 2016 and that withdrawals made by the second respondent indicated such an election. The court accepted the applicant's circumstantial evidence and rejected the second respondent's allegations of poor administration and lack of bona fides. The complaint was validly lodged directly with the Adjudicator, but the determination was materially flawed for failing to...

Court Disposition

Application granted; determinations in respect of the second and third respondents set aside; costs awarded against the second respondent.

Orders

  • The determinations in respect of the second and third respondents are set aside in terms of section 30P of the Pension Fund Act, 24 of 1956.
  • The second respondent is ordered to pay the costs of the application on a party and party scale.