Moor and Another v Tongaat-Hulett Pension Fund and Others (518/17) [2018] ZASCA 83; [2018] 3 All SA 326 (SCA); 2019 (3) SA 465 (SCA) (31 May 2018)
Court
Supreme Court of Appeal
Case number
518/17
Judges
Lewis, Majiedt, Mbha, Dambuza, Schippers
The Supreme Court of Appeal upheld a pension fund’s 2012 surplus allocation to an employer surplus account and dismissed claims of bias and unlawful rule-making.
Tellumat Proprietary Limited v Appeal Board of Financial Services Board and Others (2234/2014,2849/2014) [2015] ZAGPPHC 26 (30 January 2015)
Court
North Gauteng High Court, Pretoria
Case number
2234/2014,2849/2014
Judge
N.M. Mavundla
The court held that the decision of the Appeal Board was not materially influenced by errors of law and that its approach was correct. The Appeal Board properly considered whether the scheme was reasonable and equitable in terms of section 14(1) of the Pension Funds Act and whether the rights and reasonable benefit expectations of pensioner members were recognized. The court found that the surplus apportionment and the use of the employer surplus account were integral to ensuring fairness to members, especially in the context of a fund approaching dissolution or liquidation. The applicants fa…
