South Africa Case Law

Swart N.O and Others v Lukhaimane N.O and Others (54157/2019)

Swart N.O and Others v Lukhaimane N.O and Others (54157/2019) [2021] ZAGPPHC 124 (12 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

54157/2019

Judge

JJC Swanepoel

The High Court reviewed and set aside a pension fund’s decision to award all death benefits to a spouse, ordering a fresh investigation under section 37C.

• Promotion Of Administrative Justice Act
• Pension Fund Beneficiary Allocation
• Trust Solvent Dependency
• Judicial Review Of Administrative Action
• Maintenance Claims
• Section 37c Pension Funds Act

Titi v Funds at Work Umbrella Provident Fund (1728/2010)

Titi v Funds at Work Umbrella Provident Fund (1728/2010) [2011] ZAECMHC 22 (10 March 2011)

Court

Eastern Cape High Court, Mthatha

Case number

1728/2010

Judge

E Smith

The court held that the respondent, when administering pension fund benefits under section 37C of the Pension Funds Act, exercises a public power and its decisions are subject to judicial review under PAJA. However, PAJA requires that all internal remedies be exhausted before judicial review is sought. The applicant failed to utilize the complaint and adjudication procedures provided by the Act and did not apply for condonation of this failure. The court found no exceptional circumstances justifying bypassing these remedies. Consequently, the application was dismissed and the applicant was di…

Source excerpt

• Promotion Of Administrative Justice Act
• Exhaustion Of Internal Remedies
• Pension Fund Beneficiary Allocation
• Audi Alteram Partem
• Costs Award