South Africa Case Law

Municipal Workers' Retirement Fund v Mafube Local Municipality and Others (1653/2024)

Municipal Workers' Retirement Fund v Mafube Local Municipality and Others (1653/2024) [2025] ZAFSHC 7; [2025] 2 All SA 274 (FB) (17 January 2025)

Court

Free State High Court, Bloemfontein

Case number

1653/2024

Judge

Opperman

The court held that the applicant is entitled to payment of the arrear retirement fund contributions and interest from the first respondent, Mafube Local Municipality, under section 13A of the Pension Funds Act. The second to fifth respondents, being the municipal manager, chief financial officer, executive mayor, and administrator, are personally liable for the full arrears and interest, as they were regularly involved in the management of the municipality’s financial affairs at the time the claim was instituted. The court rejected arguments that acting appointments, provincial intervention,…

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• Pension Funds Act Section 13a
• Personal Liability Of Municipal Officers
• Arrear Retirement Contributions
• Statutory Creditor Priority
• Contempt Of Court
• Constitutional Right To Social Security

Piet v Commissioner for the South African Revenue Service (3090/2023)

Piet v Commissioner for the South African Revenue Service (3090/2023) [2024] ZAECQBHC 51 (27 August 2024)

Court

Eastern Cape High Court, Gqeberha

Case number

3090/2023

Judge

Govindjee

The court dismissed a challenge to SARS recovering tax debt from a retirement benefit under section 179 of the Tax Administration Act and granted condonation for a late affidavit.

• Tax Recovery
• Third Party Liability
• Retirement Fund Deductions
• Condonation
• Constitutional Right To Social Security
• Tax-recovery

Antwerpen obo Scholtz and Another v Road Accident Fund and Another (41371/2021)

Antwerpen obo Scholtz and Another v Road Accident Fund and Another (41371/2021) [2024] ZAGPPHC 703 (29 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

41371/2021

Judge

Fisher

The High Court dismissed an application seeking coercive imprisonment of the RAF CEO for unpaid judgment debts, holding that the RAF is technically insolvent and the Minister of Transport was a material non-joinder.

• Road Accident Fund Act
• Judgment Debt Enforcement
• Constitutional Right To Social Security
• Non-joinder
• Coercive Civil Imprisonment
• Declaratory Relief

Minister of Social Development of the Republic of South Africa and Others v Net1 Applied Technologies South Africa (Pty) Ltd and Others, In Re: Net1 Applied Technologies South Africa (Pty) Ltd and Others v Chief Executive of the South African Social Security Agency and Others; Finbond Mutual Bank v Chief Executive of the South African Social Security Agency and Others; Smart Life Insurance Company Limited v Chief Executive of the South African Social Security Agency and Others; Information Technology Consultants (Pty) Ltd v Chief Executive of the South African Social Security Agency and Other…

Court

Supreme Court of Appeal

Case number

825/2017; 43557/16; 46024/16; 46278/16; 47447/16; 752/2017

Judges

Navsa, Cachalia, Tshiqi, Wallis, Schippers

The Supreme Court of Appeal held that the applications for leave to appeal were moot due to the implementation of a new payment regime for social grants, which allows beneficiaries to choose between commercial bank accounts (with full banking functionality and no restrictions on debit orders) and special disbursement accounts administered by SAPO (with restrictions on deductions). The interpretation of the amended regulations would have no practical effect, as the Grindrod SASSA accounts no longer exist and the new system has addressed the concerns that motivated the litigation. The court fur…

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• Social Assistance Act
• Regulations On Social Grants
• National Payment System
• Constitutional Right To Social Security
• Consumer Protection
• Judicial Intervention In Policy

Mphalala v South African Security Agency (684/2011)

Mphalala v South African Security Agency (684/2011) [2014] ZAECMHC 27 (5 June 2014)

Court

Eastern Cape High Court, Mthatha

Case number

684/2011

Judge

L.P Pakade

The applicant's disability grant was approved for a limited period of 12 months, as evidenced by the respondent's letter dated 25 August 2008. The applicant was informed of the temporary nature of the grant, and its termination occurred by effluxion of time, not by unilateral or unlawful action. The applicant and her attorneys were made aware of the approval letter prior to launching the application. There was no procedural unfairness or violation of the applicant's constitutional right to social security, as the respondent acted within the bounds of the Social Assistance Act and the Constitu…

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• Social Assistance
• Disability Grant Termination
• Constitutional Right To Social Security
• Procedural Fairness
• Costs In Constitutional Litigation