South Africa Case Law

Mafube Local Municipality v South African Local Authorities Pension Fund and Others (2020/37457)

Mafube Local Municipality v South African Local Authorities Pension Fund and Others (2020/37457) [2025] ZAGPJHC 489 (23 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/37457

Judge

Noko

The High Court set aside a warrant of execution issued on a pension-fund determination, holding that the Johannesburg registrar lacked jurisdiction.

• Warrant Of Execution
• Jurisdiction Of High Courts
• Pension Fund Contributions
• Enforcement Of Adjudicator Determinations
• Warrant-of-execution
• High-court-jurisdiction

Phiri v Magona Security (Pty) Ltd and Others (J 764/2023)

Phiri v Magona Security (Pty) Ltd and Others (J 764/2023) [2023] ZALCJHB 310 (8 November 2023)

Court

Labour Court Johannesburg

Case number

J 764/2023

Judge

Van Niekerk

The Labour Court is a statutory court with jurisdiction limited to matters expressly provided for in the Labour Relations Act or other statutes. The Pension Funds Act does not confer jurisdiction on the Labour Court to enforce determinations issued by the Pension Funds Adjudicator. Section 30O of the Pension Funds Act deems such determinations to be civil judgments, but does not specify that the Labour Court is the forum for enforcement. The appropriate remedy for enforcement of a determination sounding in money is the issuing of a writ of execution in the Magistrates’ Court or High Court, no…

Source excerpt

• Jurisdiction Of Labour Court
• Enforcement Of Adjudicator Determinations
• Contempt Of Court
• Pension Funds Act
• Certification Of Arbitration Awards