South Africa Case Law

National Tertiary Retirement Fund v Mokadi and Another (419/2015)

National Tertiary Retirement Fund v Mokadi and Another (419/2015) [2016] ZASCA 92 (1 June 2016)

Court

Supreme Court of Appeal

Case number

419/2015

Judges

Ponnan, Theron, Petse, Zondi, Kathree-Setiloane

The Supreme Court of Appeal held that section 30N of the Pension Funds Act confers a discretion on the Adjudicator to order interest on a monetary obligation, including the rate and date from which it accrues. The Adjudicator was empowered to order interest from 2 June 2010, the date on which the University abandoned its civil action against Mokadi, and the Fund was no longer justified in withholding the benefit. The Fund's argument that payment of both fund return and interest would result in a double benefit was rejected, as these are distinct concepts serving different purposes. The Adjudi…

Source excerpt

• Pension Funds Act
• Withholding Of Pension Benefits
• Interest On Pension Benefits
• Adjudicator Discretion
• Prescribed Rate Of Interest Act

Soetmelk v Seezing and Others (A3040/2011)

Soetmelk v Seezing and Others (A3040/2011) [2016] ZAGPJHC 86 (29 April 2016)

Court

South Gauteng High Court, Johannesburg

Case number

A3040/2011

Judges

Van der Linde, A Mayet

The High Court granted condonation, reinstated the appeal, set aside the tribunal’s award to the first respondent, and ordered transfer to the late Mrs Soetmelk’s estate.

• Conversion Of Rights To Ownership
• Succession Of Property
• Adjudicator Discretion
• Condonation
• Transfer Of Immovable Property
• Conversion-of-rights-to-ownership