South Africa Case Law

Snyman v Government Employees Pension Fund and Another (80696/2016)

Snyman v Government Employees Pension Fund and Another (80696/2016) [2024] ZAGPPHC 364 (8 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

80696/2016

Judge

T E Joyini

The court found that the plaintiff failed to establish entitlement to her late daughter's pension benefits. Section 37C of the Pension Funds Act creates a statutory regime for the distribution of death benefits, which overrides any testamentary disposition or nomination form. The plaintiff did not qualify as a dependant or beneficiary under the relevant pension law, and the nomination form she relied on could not be traced. Even if a nomination existed, trustees are not bound by it and must exercise discretion in distributing benefits among dependants and nominees. The plaintiff was not finan…

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• Pension Fund Benefits
• Freedom Of Testation Limitation
• Distribution Of Death Benefits
• Dependant Definition
• Nomination Form Status

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…

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• Pension Funds Act
• Death Benefits Distribution
• Audi Alteram Partem
• Jurisdiction Of Adjudicator
• Lis Pendens
• Dependant Definition

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…

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• Pension Funds Act
• Death Benefits Distribution
• Dependant Definition
• Nominee Status
• Judicial Review
• Costs Award

Letsoalo and Others v Lukhaimane NO and Others (48743/16)

Letsoalo and Others v Lukhaimane NO and Others (48743/16) [2017] ZAGPPHC 1246 (13 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

48743/16

Judge

Mudau

The High Court dismissed a section 30P challenge to a pension fund adjudicator’s ruling, finding the trustees properly applied section 37C to the death benefit.

• Pension Funds Act
• Distribution Of Death Benefits
• Dependant Definition
• Judicial Review Of Adjudicator
• Trustee Discretion
• Section 37c Distribution

Mubake and Others v Minister of Home Affairs and Others (72342/2012)

Mubake and Others v Minister of Home Affairs and Others (72342/2012) [2015] ZAGPPHC 1037; 2016 (2) SA 220 (GP) (9 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

72342/2012

Judge

T.M. Makgoka

The court held that separated children accompanying adult asylum seekers are dependants under the Refugees Act and must be documented pending any further welfare inquiry.

• Refugees Act Interpretation
• Child Rights
• Dependant Definition
• Bill Of Rights Limitation
• International Instruments
• Best Interests Of Child

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