South Africa Case Law

Rousseau and Others v Government Employees Pension Fund and Others (2938/2021)

Rousseau and Others v Government Employees Pension Fund and Others (2938/2021) [2022] ZAFSHC 285 (21 October 2022)

Court

Free State High Court, Bloemfontein

Case number

2938/2021

Judges

Reinders, Chesiwe

The court held that the decision of the Government Pension Administration Agency to allocate pension benefits to the major children was vitiated by its failure to consider the deceased's 2010 nomination form. The Board was unaware of the nomination and did not take it into account, resulting in a decision made without all relevant information. While the Board has a wide discretion to allocate benefits among dependants and may override a member's wishes, such discretion must be exercised rationally and with due regard to all relevant factors, including valid nominations. The statutory definiti…

Source excerpt

• Promotion Of Administrative Justice Act
• Pension Fund Discretion
• Definition Of Dependant
• Review Of Administrative Action
• Equitable Distribution
• Costs Order

Fundsatwork Umbrella Pension Fund v Guarnieri and Others (830/2018)

Fundsatwork Umbrella Pension Fund v Guarnieri and Others (830/2018) [2019] ZASCA 78; 2019 (5) SA 68 (SCA) (31 May 2019)

Court

Supreme Court of Appeal

Case number

830/2018

Judges

Cachalia, Wallis, Mbha, Mocumie, Eksteen

The SCA held that dependants under s 37C of the Pension Funds Act are identified at distribution, not death, and a deceased person cannot share in the benefit.

• Pension Funds Act
• Distribution Of Death Benefits
• Definition Of Dependant
• Judicial Review Of Fund Decisions
• Pension-funds-act
• Death-benefit-distribution

Greyling v Government Employees Pension Fund and Another (51529/2012)

Greyling v Government Employees Pension Fund and Another (51529/2012) [2014] ZAGPPHC 905 (7 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

51529/2012

Judge

Lephoko

The court held that the definition of 'dependant' in section 1 of the Government Employees Pension Law, 1996, should be interpreted to include self-supporting parents, not only self-supporting major children. The manifest purpose of the Proclamation is to ensure that death benefits are paid first to dependants and only to the estate as a last resort. The applicant, as the mother and sole surviving relative of the deceased, qualifies as a dependant for the purposes of payment of death benefits, regardless of her financial independence. The court found no rational basis to exclude self-supporti…

Source excerpt

• Death Benefits
• Definition Of Dependant
• Government Employees Pension Law
• Maintenance Obligation