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South Africa decisions
Decisions matching the current search
Lekota v Sentinel Retirement Fund [2023] ZAGPJHC 1005 (7 September 2023)
The court dismissed a member’s bid to convert an elected pension annuity into a full lump sum, holding the election irrevocable and the complaint res judicata.
Municipal Employees Pension Fund and Another v SAMWU National Provident Fund and Another (1412/2018) [2019] ZASCA 42 (29 March 2019)
The Supreme Court of Appeal held that rule 3.2.1 of the Fund unambiguously prohibits members from withdrawing from the Fund while they remain in service with the Municipality. Section 13A(5) of the Pension Funds Act only permits transfer of benefits after membership has ceased in accordance with the Fund's rules, and section 14 does not apply to individual voluntary withdrawals. The rules are consistent with the requirements of the Income Tax Act for provident fund approval and serve to ensure the stability and viability of the Fund. The constitutional challenges were rejected: compulsory mem…
Source excerpt
Naidu and Others v South African Bureau of Standards (D238/08) [2009] ZALC 248 (16 March 2009)
The court dismissed a challenge to SABS’s vehicle allowance restructuring, finding it was required to comply with tax law and not a unilateral contract variation.
Naidu and Others v South African Bureau of Standards (D238/08) [2009] ZALCD 12 (16 March 2009)
The court held that SABS could restructure vehicle allowances to comply with tax law, and dismissed the claim that the change was an unlawful unilateral variation.
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