South Africa Case Law

Nash and Others v Cadac Pension Fund (In Curatorship) (Registration Number: 12/8/0020425) and Others (545/2020)

Nash and Others v Cadac Pension Fund (In Curatorship) (Registration Number: 12/8/0020425) and Others (545/2020) [2021] ZASCA 144 (11 October 2021)

Court

Supreme Court of Appeal

Case number

545/2020

Judges

Dambuza, Makgoka, Mbatha, Ledwaba, Unterhalter

The Supreme Court of Appeal upheld an interim interdict protecting pension contributions and held that leave to institute proceedings could be sought within the same application.

• Interim Interdict
• Leave To Institute Proceedings
• Intervention Of Parties
• Pension Fund Administration
• Vexatious Litigation
• Interim-interdict

RFS Administrators and Another v National Fund for Municipal Workers (NFMW) and Others (27742/2016)

RFS Administrators and Another v National Fund for Municipal Workers (NFMW) and Others (27742/2016) [2017] ZAGPPHC 255 (1 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

27742/2016

Judge

Murphy

The High Court dismissed an exception, holding that a pension fund administrator could rely on section 9B of the Pension Funds Act and that motive may matter in public-policy challenges to contract termination.

• Protected Disclosure
• Termination Of Contract
• Public Policy In Contract
• Pension Fund Administration
• Fiduciary Duties
• Whistleblower Protection

Nogoduka v Minister of the Department of Higher Education & Training and Others (2981/2016)

Nogoduka v Minister of the Department of Higher Education & Training and Others (2981/2016) [2017] ZAECGHC 74; [2017] 6 BLLR 634 (ECG) (16 February 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

2981/2016

Judge

Pickering

The court held that the applicant’s resignation did not prevent disciplinary proceedings because his notice period had to run. The application was dismissed with costs.

• Disciplinary Proceedings
• Resignation Notice Period
• Jurisdiction Of Civil Courts
• Public Service Act
• Pension Fund Administration
• Disciplinary-proceedings

Hoffmann v Pension Funds Adjudicator and Others (2701/11)

Hoffmann v Pension Funds Adjudicator and Others (2701/11) [2011] ZAWCHC 446; [2012] 2 All SA 198 (WCC) (6 December 2011)

Court

Western Cape High Court, Cape Town

Case number

2701/11

Judge

Henney

The High Court held that the pension dispute fell within the Pension Funds Act, set aside the Adjudicator’s ruling, and ordered Class 1 Executive benefits.

• Pension Fund Administration
• Jurisdiction Of Pension Funds Adjudicator
• Classification Of Executives
• Retirement Benefits
• Interpretation Of Fund Rules
• Condonation For Late Appeal

Central Retirement Annuity Fund v Adjudicator of Pension Funds and Others (3404/05)

Central Retirement Annuity Fund v Adjudicator of Pension Funds and Others (3404/05) [2005] ZAWCHC 77; [2006] 4 All SA 251 (C) (20 October 2005)

Court

Western Cape High Court, Cape Town

Case number

3404/05

Judges

Davis, Le Grange

The court held that the second respondent's letter constituted a valid complaint under the Pension Funds Act, and that the fund's management committee was subject to statutory fiduciary duties to protect members' interests and ensure adequate communication. However, on the evidence, the reduction in retirement benefits was reasonably explained by lower inflation and investment growth rates, as well as the member's own contribution history. The management committee had not acted unreasonably or failed in its statutory duties, and the member had been kept informed of the investment progress. Th…

Source excerpt

• Pension Fund Administration
• Fiduciary Duties
• Complaints Procedure
• Illustrative Benefits
• Administrative Costs

Johannesburg Municipal Pension Fund and Another v NBC Employee Benefits and Another (74/01)

Johannesburg Municipal Pension Fund and Another v NBC Employee Benefits and Another (74/01) [2001] ZAGPHC 2 (11 April 2001)

Court

High Courts - Gauteng

Case number

74/01

Judge

Boruchowitz

The High Court held that the pension fund board could revoke the administrator’s mandate and that non-compliance with statutory termination conditions invalidated the administration authority.

• Pension Fund Administration
• Delegation Of Trustee Powers
• Statutory Compliance
• Fiduciary Duties
• Revocation Of Authority
• Pension-fund-administration