Special Investigation Unit and Another v Lekalakala and Others (NW/07/2020)
Special Investigation Unit and Another v Lekalakala and Others (NW/07/2020) [2020] ZAST 1 (10 July 2020)
The Tribunal found that, although the applicants did not provide all necessary details regarding the investigation and the value of the pension, there were grave allegations of misconduct against the first respondent, who was responsible for significant maladministration as accounting officer. The Tribunal accepted that section 37D(1)(b) of the Pension Funds Act, interpreted purposively and in line with Highveld Steel, empowers it to withhold payment of pension benefits pending determination of liability. The applicants established a prima facie right and a well-grounded apprehension of irrep…
Source excerpt
- Interim Interdict
- Pension Fund Withholding
- Misconduct By Public Official
- Special Investigating Units And Special Tribunals Act
- Prima Facie Right
- Balance Of Convenience