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…

Source excerpt

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

C.G and Others v Momentum Retirement Annuity Fund and Others (7777/2021)

C.G and Others v Momentum Retirement Annuity Fund and Others (7777/2021) [2022] ZAWCHC 231 (10 November 2022)

Court

Western Cape High Court, Cape Town

Case number

7777/2021

Judge

Hockey

The High Court upheld the allocation of a pension death benefit to the deceased’s life partner, finding the fund had properly exercised its section 37C discretion.

• Pension Funds Act Section 37c
• Distribution Of Death Benefits
• Dependency In Pension Law
• Review Of Adjudicator Decision
• Promotion Of Administrative Justice Act
• Pension-funds-act-section-37c

Van Rhyn and Another v Pension Funds Adjudicator and Others (2138/18)

Van Rhyn and Another v Pension Funds Adjudicator and Others (2138/18) [2021] ZAGPPHC 165 (31 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

2138/18

Judge

Millar AJ

The High Court dismissed a review of a Pension Funds Adjudicator decision, holding the adjudicator was functus officio and DSV had properly reconsidered dependency.

• Pension Funds Act
• Functus Officio
• Judicial Review
• Distribution Of Death Benefits
• Pension-funds-act
• Functus-officio

Mbatha v Transport Sector Retirement Fund and Another (0016223/19)

Mbatha v Transport Sector Retirement Fund and Another (0016223/19) [2020] ZAGPJHC 18 (19 February 2020)

Court

South Gauteng High Court, Johannesburg

Case number

0016223/19

Judge

P.A. Meyer

The High Court dismissed a review over a pension fund’s decision to administer minor children’s death benefits within the fund under section 37C.

• Pension Funds Act Section 37c
• Administrative Action
• Promotion Of Administrative Justice Act
• Distribution Of Death Benefits
• Pension-funds-act-section-37c
• Death-benefits

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

Guarnieri v Fundsatwork Umbrella Pension Fund and Others (47754/2016)

Guarnieri v Fundsatwork Umbrella Pension Fund and Others (47754/2016) [2018] ZAGPPHC 579 (24 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

47754/2016

Judge

Prinsloo

The High Court set aside a pension fund’s second death-benefit distribution because it paid part of the benefit to the deceased’s mother after her death.

• Pension Funds Act
• Distribution Of Death Benefits
• Judicial Review
• Administrative Action
• Promotion Of Administrative Justice Act
• Pension-funds-act

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

Sentinel Retirement Fund v Hadebe and Another (5643/2017)

Sentinel Retirement Fund v Hadebe and Another (5643/2017) [2017] ZAGPPHC 1063 (12 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

5643/2017

Judge

Mngadi

High Court review of a pension fund adjudicator ruling on death benefits, holding the complaint was within jurisdiction and largely upholding the order, with one procedural modification.

• Pension Funds Act
• Jurisdiction Of Adjudicator
• Distribution Of Death Benefits
• Maladministration Of Fund
• Pension-funds-act
• Death-benefits