South Africa Case Law

G.R.R and Another v Netcare (Pty) Ltd t/a Umhlanga Hospital and Others (8164/07)

G.R.R and Another v Netcare (Pty) Ltd t/a Umhlanga Hospital and Others (8164/07) [2016] ZAKZPHC 70; [2016] 4 All SA 195 (KZP) (8 August 2016)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8164/07

Judge

Koen

The court set actuarial directions for a wrongful-death loss-of-support claim, adopting household-income apportionment and directing deduction of accelerated benefits.

• Loss Of Support
• Quantification Of Damages
• Accelerated Benefits
• Contingency Deductions
• Actuarial Assumptions
• Loss-of-support

Associated Institutions Pension Fund v Le Roux and Others (196/2000)

Associated Institutions Pension Fund v Le Roux and Others (196/2000) [2001] ZASCA 70; [2002] 1 All SA 261 (A); 2001 (4) SA 262 (SCA) (30 May 2001)

Court

Supreme Court of Appeal

Case number

196/2000

Judges

Vivier, Harms, Zulman, Cameron, Mthiyane

The Supreme Court of Appeal held that the transfer regulations contemplated the use of actuarial methods and expertise in determining the benefits to be credited to departing pension fund members. The actuary was required to make assumptions in respect of contingencies, including unreliable membership data, and acted reasonably and lawfully in applying a 7.5% data loading factor. The regulations did not require the actuary to wait for accurate membership figures, and the determination was made within a reasonable time using appropriate professional methodology. The court found no basis to set…

Source excerpt

• Actuarial Assumptions
• Statutory Interpretation
• Administrative Justice
• Pension Fund Transfer
• Procedural Fairness