MM v State Security Agency and Others (2024-066082)
MM v State Security Agency and Others (2024-066082) [2024] ZAGPPHC 1033 (30 September 2024)
The court found that section 21(3)(a) of the Government Employees Pension Fund Law does not empower the Agency to unilaterally determine and deduct alleged debts from an employee's pension benefits without due process or a court order. The Agency's interpretation was rejected as inconsistent with the text of the statute and constitutional principles, including the right to equality and access to courts. The court held that the Agency's conduct amounted to unlawful self-help, violating the rule of law and fundamental rights. The applicant had exhausted all internal remedies and faced immediate…
Source excerpt
- Government Employees Pension Fund Law
- Self Help
- Constitutional Rights
- Interdict
- Rule Of Law