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South Africa Case Law

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Banking And Finance [2023] ZASCA 116

Municipal Gratuity Fund v Pension Funds Adjudicator and Another (364/2022))

Municipal Gratuity Fund v Pension Funds Adjudicator and Another (364/2022)) [2023] ZASCA 116; [2023] 4 All SA 1 (SCA); 2024 (3) SA 439 (SCA) (31 July 2023)

Court
Supreme Court of Appeal
Case number
364/2022
Judges
Dambuza, Mocumie, Mbatha, Nhlangulela, Daffue

The Supreme Court of Appeal held that the Adjudicator had jurisdiction to consider the complaint, as Ms Mutsila had engaged with the Fund and was advised to refer her dispute to the Adjudicator, satisfying the statutory requirements. The lis pendens defence was rejected because the pending custody litigation was unrelated to the factual dependency issue central to the pension dispute. However, the Court found that the Adjudicator failed to comply with the audi alteram partem principle by not affording the Fund a proper opportunity to respond to the complaint before making its determination. T…

Source excerpt

  • Pension Funds Act
  • Death Benefits Distribution
  • Audi Alteram Partem
  • Jurisdiction Of Adjudicator
  • Lis Pendens
  • Dependant Definition
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Banking And Finance [2022] ZAGPPHC 286

Arnaud v Balanced Future Fund (24757/2020)

Arnaud v Balanced Future Fund (24757/2020) [2022] ZAGPPHC 286 (3 May 2022)

Court
North Gauteng High Court, Pretoria
Case number
24757/2020
Judge
Nyathi

The court held that the Pension Funds Act provides a clear statutory scheme for the distribution of death benefits, which must be paid only to dependants and nominees. The deceased's estranged adopted son, Sean, qualifies as a dependant under the Act, and no valid nomination exists for the applicant or his siblings. The board of the Fund was therefore obliged to allocate the entire benefit to Sean, and had no discretion to consider issues of fairness or the wishes of the deceased. The applicant and his siblings do not qualify as dependants or nominees and are not entitled to any benefit. The…

Source excerpt

  • Pension Funds Act
  • Death Benefits Distribution
  • Dependant Definition
  • Nominee Status
  • Judicial Review
  • Costs Award
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.