Mashamaite v Morgan Beef Investments (PTY) LTD and Others (28767/17) [2019] ZAGPPHC 31 (20 February 2019)

Mashamaite v Morgan Beef Investments (PTY) LTD and Others (28767/17) [2019] ZAGPPHC 31 (20 February 2019)

The court found that the first respondent failed to provide credible evidence that provident fund deductions from the applicant's salary were paid to Liberty or Discovery Life. Liberty's records showed only employer contributions, and the respondent's own annexure B did not account for the missing member...

Source-derived case information.

Citation
[2019] ZAGPPHC 31
Parties
Applicant: Mokete Herbert Mashamaite; Respondent: Morgan Beef Investments (PTY) LTD; Respondent: Liberty Corporate; Respondent: M V Makelaars CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 February 2019
Case Number
28767/17
Procedural Posture
Urgent Application / Final Determination on Amended Notice of Motion
Outcome
Application granted in favour of the applicant.
Judges
PG Seleka
Legal Topics
Provident Fund Contributions, Arrear Contributions, Late Payment Interest, Pension Funds Act Compliance
Labour Law Civil Procedure Provident Fund Contributions Arrear Contributions Late Payment Interest Pension Funds Act Compliance

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Parties

Mokete Herbert Mashamaite

Applicant

Morgan Beef Investments (PTY) LTD

Respondent

Liberty Corporate

Respondent

M V Makelaars CC

Respondent

Procedural Posture

Urgent Application / Final Determination on Amended Notice of Motion

Legal Issues

  1. 1 Whether the first respondent paid the applicant's provident fund salary deductions to the fund administered by the second respondent.
  2. 2 Whether the applicant is entitled to arrear contributions and late payment interest under section 13A(7) of the Pension Funds Act.
  3. 3 Whether the first respondent provided sufficient evidence of payment to Liberty or Discovery Life.

Ratio Decidendi

The court found that the first respondent failed to provide credible evidence that provident fund deductions from the applicant's salary were paid to Liberty or Discovery Life. Liberty's records showed only employer contributions, and the respondent's own annexure B did not account for the missing member contributions. The respondent's explanations for its failure to respond to the applicant's queries and its delay in filing affidavits were unconvincing and unsupported by the facts. The respondent also failed to substantiate the existence of a Discovery Life policy. In the absence of evidence that the salary deductions were paid to the fund, the applicant was entitled to relief for arrear...

Court Disposition

Application granted in favour of the applicant.

Orders

  • The first respondent is ordered to pay to the second respondent an amount of R26,636.39 as arrear contributions for the applicant's provident fund, together with late payment interest.
  • The second respondent is ordered to compute the late payment interest on the said amount of R26,636.39 within 14 days of service of this order on the second respondent.