South Africa Case Law

Koch and Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others (48799/19)

Koch and Kruger Brokers CC and Another v Financial Sector Conduct Authority and Others (48799/19) [2024] ZAGPPHC 496 (30 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

48799/19

Judge

Moshoana

The High Court held that the Ombud’s determination and the Tribunal Chairperson’s refusal of leave to appeal were not reviewable under PAJA. The review was dismissed with costs.

• Promotion Of Administrative Justice Act
• Financial Services Regulation
• Ombud Determinations
• Leave To Appeal
• Judicial Review
• Civil Judgment Enforcement

Samancor Group Pension Fund v Samancor Chrome (452/09)

Samancor Group Pension Fund v Samancor Chrome (452/09) [2010] ZASCA 77; 2010 (4) SA 540 (SCA) ; [2010] 4 All SA 297 (SCA) (27 May 2010)

Court

Supreme Court of Appeal

Case number

452/09

Judges

Harms, Mlambo, Leach, Griesel, Seriti

The Supreme Court of Appeal held that Samancor Chrome's conduct after the adjudicator's determination, including steps taken to implement the award and attempts to settle the debt, amounted to unequivocal acquiescence and peremption of its right to challenge the determination. The delay of nearly three and a half years in launching the application caused prejudice to the Pension Fund, which could no longer claim against its insurer. The high court erred in granting condonation without considering the interests of all parties, particularly the Pension Fund. The adjudicator's determination is e…

Source excerpt

• Pension Funds Act
• Condonation
• Peremption
• Civil Judgment Enforcement