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South Africa decisions
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M.P.M v T.R.T and Another (2023/118970) [2025] ZAGPJHC 319 (25 March 2025)
Urgent application granted to freeze 50% of a spouse’s pension benefit pending divorce, with punitive costs awarded against the first respondent.
South African Retirement Annuity Fund v Pension Funds Adjudicator and Another (4544 / 2023) [2024] ZAMPMBHC 52 (7 August 2024)
The court held that the twelve-month period for tracing dependants under section 37C(1)(c) of the Pension Funds Act commences when the Fund becomes aware of the member's death, not from the actual date of death. This interpretation aligns with the purpose of the Act, which is to protect dependants and ensure they receive benefits without competing with creditors of the estate. The Applicant's literal interpretation was rejected as illogical and contrary to the spirit of the legislation. The court found that condonation for the late filing of the review application should be granted, as no sub…
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Special Investigations Unit v Municipal Employees Union Retirement Fund and Others (GP10/2020) [2024] ZAST 11 (31 July 2024)
The Tribunal found that its jurisdiction to grant interdicts is not limited by section 37D(1)(b)(ii) of the Pension Funds Act, as the SIU's application is based on the Special Investigating Unit and Special Tribunals Act and Tribunal Rules. The Tribunal's powers under section 8(2) are sufficiently broad to include the preservation of pension benefits pending final determination of the main action. The requirements for an interim interdict under common law were satisfied: the SIU established a prima facie right based on procurement irregularities and breach of fiduciary duties by Legodi, there…
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Snyman v Government Employees Pension Fund and Another (80696/2016) [2024] ZAGPPHC 364 (8 April 2024)
The court found that the plaintiff failed to establish entitlement to her late daughter's pension benefits. Section 37C of the Pension Funds Act creates a statutory regime for the distribution of death benefits, which overrides any testamentary disposition or nomination form. The plaintiff did not qualify as a dependant or beneficiary under the relevant pension law, and the nomination form she relied on could not be traced. Even if a nomination existed, trustees are not bound by it and must exercise discretion in distributing benefits among dependants and nominees. The plaintiff was not finan…
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National Director of Public Prosecutions v Springkaan and Others (4353/2023) [2023] ZAFSHC 431 (2 November 2023)
The court held that it is bound by the decision of the Supreme Court of Appeal in Sentinel Retirement Fund v Masoanganye, which determined that a member's pension benefit cannot be the subject of a restraint order under section 26 of POCA. The reasoning is that such an order constitutes attachment and execution prohibited by section 37A of the Pension Funds Act, and that pension benefits remain the property of the fund until transferred to the member. The applicant's arguments regarding section 37D and the temporary nature of the restraint were rejected, as the legal principles established by…
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Motshegoa v Government Employee Pension Fund and Others [2023] ZAGPPHC 412; 20605/2022 (8 June 2023)
The High Court confirmed a rule nisi and ordered the pension fund to identify the deceased’s dependents and nominees and distribute death benefits under section 37C.
Sidimela and Others v Marage [2023] ZAGPPHC 171; A461/2017 (8 March 2023)
The High Court held that pension benefits are governed by section 37C of the Pension Funds Act, not marital property rules, and upheld condonation and the appeal.
Phoka v D C and Others (1591/2020) [2020] ZAFSHC 237 (10 December 2020)
The High Court ordered a guardian to subject a minor child to paternity testing to resolve a dispute over the deceased’s child status and pension benefits.
Mbebe and Another v First National Bank Limited (1336/2020) [2020] ZAECMHC 30 (21 July 2020)
The court dismissed an urgent application to unfreeze bank accounts, finding material non-joinder and that the first applicant lacked personal locus standi.
Zono v National Commissioner of Correctional Services N.O and Others (PA10/18) [2020] ZALAC 18; [2020] 9 BLLR 923 (LAC) ; (2020) 41 ILJ 2447 (LAC) (18 May 2020)
The Labour Appeal Court held that a dispute over GEPF pensionable service is not a contract-of-employment matter under section 77(3) BCEA, so the Labour Court lacked jurisdiction.
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