South Africa Case Law

Mbonambi and Another v eJobourg Retirement Fund and Others (20601/2022)

Mbonambi and Another v eJobourg Retirement Fund and Others (20601/2022) [2025] ZAGPJHC 679 (14 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

20601/2022

Judge

GA Fourie

The court found that the Fund had complied with its statutory duty under section 37C of the Pension Funds Act by tracing and considering all potential dependants and nominees. The Fund exercised its discretion lawfully and rationally, taking into account the affidavits and evidence presented. The applicants failed to provide sufficient proof of dependency, and the Fund’s decision to allocate the death benefit solely to Mrs Mbonambi Senior was supported by rational reasons and the deceased’s nomination. The non-joinder of Mrs Mbonambi Senior did not preclude determination of the matter, as her…

Source excerpt

• Pension Funds Act
• Death Benefit Distribution
• Joinder Of Parties
• Review Of Administrative Decision

South African Retirement Annuity Fund v Pension Funds Adjudicator and Another (4544 / 2023)

South African Retirement Annuity Fund v Pension Funds Adjudicator and Another (4544 / 2023) [2024] ZAMPMBHC 52 (7 August 2024)

Court

Mbombela High Court, Mpumalanga

Case number

4544 / 2023

Judge

TV Ratshibvumo

The court held that the twelve-month period for tracing dependants under section 37C(1)(c) of the Pension Funds Act commences when the Fund becomes aware of the member's death, not from the actual date of death. This interpretation aligns with the purpose of the Act, which is to protect dependants and ensure they receive benefits without competing with creditors of the estate. The Applicant's literal interpretation was rejected as illogical and contrary to the spirit of the legislation. The court found that condonation for the late filing of the review application should be granted, as no sub…

Source excerpt

• Pension Fund Benefits
• Statutory Interpretation
• Condonation Of Late Filing
• Dependant Tracing
• Death Benefit Distribution

Ndwandwe v Trustees of Transnet Retirement Fund and Others (D7381/2020; D3438/2020)

Ndwandwe v Trustees of Transnet Retirement Fund and Others (D7381/2020; D3438/2020) [2023] ZAKZDHC 8; 2025 (2) SA 211 (KZD) (22 February 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D7381/2020; D3438/2020

Judge

Shapiro

The court upheld a pension fund’s equitable distribution of a death benefit, finding the nomination form was not binding and the trustees acted rationally.

• Pension Fund Discretion
• Death Benefit Distribution
• Nomination Form Weight
• Review Of Administrative Action
• Equitable Apportionment
• Pension-fund-discretion

Kim v Agri Staff Pension Fund and Others (2017/47543)

Kim v Agri Staff Pension Fund and Others (2017/47543) [2019] ZAGPJHC 156 (6 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2017/47543

Judge

SJ Cowen

The High Court dismissed condonation for a late PAJA review of a pension fund death-benefit decision, finding the applicants delayed too long after internal remedies ended.

• Promotion Of Administrative Justice Act
• Pension Funds Act
• Condonation For Late Filing
• Death Benefit Distribution
• Dependency In Pension Law
• Pension-funds-act

Berge v Alexander Forbes Retirement Fund (Pension Section) and Another (04/31647)

Berge v Alexander Forbes Retirement Fund (Pension Section) and Another (04/31647) [2006] ZAGPHC 241 (18 April 2006)

Court

High Courts - Gauteng

Case number

04/31647

Judge

Moshidi

High Court review of a pension fund death-benefit distribution and Adjudicator ruling; application dismissed because the trustees acted fairly and lawfully.

• Pension Funds Act Section 30p
• Death Benefit Distribution
• Trustee Discretion
• Dependant Definition
• Judicial Review
• Onus Of Proof