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South Africa Case Law

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Banking And Finance [2012] ZAGPPHC 34

Ryton Estates (Edms) Bpk en Anders v Land en Landbou Ontwikkelingsbank van Suid-Afrika (33482/2010)

Ryton Estates (Edms) Bpk en Anders v Land en Landbou Ontwikkelingsbank van Suid-Afrika (33482/2010) [2012] ZAGPPHC 34 (9 March 2012)

Court
North Gauteng High Court, Pretoria
Case number
33482/2010
Judge
Prinsloo R

The court found that the relevant loan contracts and the Land Bank Act 13 of 1944 only permitted simple interest on the outstanding capital, and did not authorize the charging of compound interest or interest on administrative and diverse costs unless expressly stipulated. The Land Bank's discretion to vary interest rates was not exercised unreasonably or manifestly unfairly, given the substantial changes in the agricultural sector and the bank's statutory obligations to avoid operating at a loss. The plaintiffs failed to prove that the Land Bank's rate adjustments were arbitrary or that the…

Source excerpt

  • Interest Rate Variation
  • Compound Interest
  • Condictio Indebiti
  • Contractual Discretion
  • Administrative Costs
  • Loan Agreements
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Banking And Finance [2005] ZAWCHC 77

Central Retirement Annuity Fund v Adjudicator of Pension Funds and Others (3404/05)

Central Retirement Annuity Fund v Adjudicator of Pension Funds and Others (3404/05) [2005] ZAWCHC 77; [2006] 4 All SA 251 (C) (20 October 2005)

Court
Western Cape High Court, Cape Town
Case number
3404/05
Judges
Davis, Le Grange

The court held that the second respondent's letter constituted a valid complaint under the Pension Funds Act, and that the fund's management committee was subject to statutory fiduciary duties to protect members' interests and ensure adequate communication. However, on the evidence, the reduction in retirement benefits was reasonably explained by lower inflation and investment growth rates, as well as the member's own contribution history. The management committee had not acted unreasonably or failed in its statutory duties, and the member had been kept informed of the investment progress. Th…

Source excerpt

  • Pension Fund Administration
  • Fiduciary Duties
  • Complaints Procedure
  • Illustrative Benefits
  • Administrative Costs
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.