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South Africa decisions
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Municipal Workers Retirement Fund v Umzimkhulu Local Municipality and Others (11458/2015) [2023] ZAKZPHC 80 (10 August 2023)
The court ordered Umzimkhulu Local Municipality to pay arrear pension contributions and statutory interest to the Municipal Workers Retirement Fund.
York Timber Holdings Limited v Pension Fund Adjudicator and Others (76828/2017) [2020] ZAGPPHC 50 (29 January 2020)
The court held that although each incorrect monthly payment constituted a separate debt, York Timber's ongoing monthly payments to the Provident Fund amounted to a tacit acknowledgment of liability, thereby interrupting prescription for the entire debt. Consequently, the Adjudicator had jurisdiction to determine the complaint, including claims older than three years. However, since the computation of arrear contributions was based on inaccurate employee numbers, the matter should be referred back to the Adjudicator for a fresh computation and final determination. The court found that York Tim…
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Mashamaite v Morgan Beef Investments (PTY) LTD and Others (28767/17) [2019] ZAGPPHC 31 (20 February 2019)
The High Court ordered the employer to pay arrear provident fund contributions and late-payment interest after failing to prove the deductions were paid over.
SAMWU National Provident Fund v Ntabankulu Local Municipality and Others (457/2015) [2018] ZAECMHC 43 (14 August 2018)
The court found that Rule 3.2.1 of the applicant's Rules prohibits employees from withdrawing their membership from the fund while they remain in service of the municipality. Transfers of membership to another fund are not permitted unless service is terminated. The applicant is entitled to enforce statutory and rule-based obligations against the municipality for payment of contributions and provision of information for the relevant period. The constitutional challenge to Rule 3.2.1 fails due to lack of standing by the second and third respondents, who did not adequately represent the employe…
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Mafube Local Municipality v South African Municipal Workers' Union National Provident Fund (4836/2016) [2017] ZAFSHC 244 (6 April 2017)
The applicant failed to establish a clear right to the relief sought. The statutory framework provides mandatory remedies for municipalities in financial crisis, including provincial and national intervention, but does not contemplate a moratorium or suspension of execution of judgment debts. The applicant did not exhaust these remedies and cannot seek to circumvent statutory obligations through a structural interdict. Granting the relief would unjustly prejudice the respondent and its members, who are entitled to payment of arrear contributions. The applicant's conduct in bringing the applic…
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