South Africa Case Law

Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others (CCT260/16)

Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others (CCT260/16) [2017] ZACC 43; 2018 (2) BCLR 157 (CC); (2018) 39 ILJ 311 (CC) (1 December 2017)

Court

Constitutional Court

Case number

CCT 260/16

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Constitutional Court dismissed an application for leave to appeal over KwaZulu-Natal municipal pension fund regulations and upheld compulsory association with the KZN funds.

• Freedom Of Association
• Ultra Vires Regulations
• Municipal Pension Funds
• Statutory Interpretation
• Local Government Powers
• Freedom-of-association

Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others (562/2015)

Municipal Employees Pension Fund v Natal Joint Municipal Pension Fund (Superannuation) and Others (562/2015) [2016] ZASCA 139; [2016] 4 All SA 761 (SCA) (29 September 2016)

Court

Supreme Court of Appeal

Case number

562/2015

Judges

Maya, Theron, Wallis, Zondi, Schoeman

The Supreme Court of Appeal held that KwaZulu-Natal municipalities must associate with the respondent pension funds, and may not use the appellant fund instead.

• Compulsory Association
• Municipal Pension Funds
• Provincial Legislation Interpretation
• Regulatory Ultra Vires
• Freedom Of Association
• Municipal-pension-funds

Natal Joint Municipal Pension Fund (Superannulation) and Others v Municipal Employees Pension Fund (3144/2013)

Natal Joint Municipal Pension Fund (Superannulation) and Others v Municipal Employees Pension Fund (3144/2013) [2014] ZAKZPHC 69 (6 October 2014)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3144/2013

Judge

Kruger

The court found that the ordinances, the KwaZulu-Natal Joint Municipal Provident Fund Act, and the regulations establish a statutory regime obliging all local authorities in KwaZulu-Natal to be associated only with the applicant funds. The regulations create obligatory membership for municipal employees and preclude association with other pension funds, including the MEPF. The court rejected the MEPF's argument that the statutory framework does not impose such a restriction, finding that the ordinary meaning and businesslike interpretation of the provisions support the applicants' position. T…

Source excerpt

• Municipal Pension Funds
• Statutory Interpretation
• Freedom Of Association
• Declaratory Relief
• Interdict
• Costs Award