Pepcor Retirement Fund and Another v Financial Services Board and Another (198/2002) [2003] ZASCA 56; [2003] 3 All SA 21 (SCA); 2003 (6) SA 38 (SCA) (30 May 2003)
Court
Supreme Court of Appeal
Case number
198/2002
Judges
Vivier, Marais, Navsa, Cloete, Lewis
The Supreme Court of Appeal held that both the Registrar of Pension Funds and the Financial Services Board have locus standi to seek judicial review of certificates and transfers issued under section 14(1) of the Pension Funds Act, as their functions are performed in the public interest and are subject to statutory oversight. The Registrar is specifically empowered to compel compliance with the Act and to seek repayment of unlawfully transferred funds, while the Financial Services Board may supervise and seek review but cannot itself recover such funds. The court further recognised that a mat…