South Africa Case Law

Mafube Local Municipality v South African Local Authorities Pension Fund and Others (2020/37457)

Mafube Local Municipality v South African Local Authorities Pension Fund and Others (2020/37457) [2025] ZAGPJHC 489 (23 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2020/37457

Judge

Noko

The High Court set aside a warrant of execution issued on a pension-fund determination, holding that the Johannesburg registrar lacked jurisdiction.

• Warrant Of Execution
• Jurisdiction Of High Courts
• Pension Fund Contributions
• Enforcement Of Adjudicator Determinations
• Warrant-of-execution
• High-court-jurisdiction

Blue Crane Route Municipality v Municipal Workers Retirement Fund and Another (1827/2024)

Blue Crane Route Municipality v Municipal Workers Retirement Fund and Another (1827/2024) [2025] ZAECMKHC 28; 2025 (4) SA 571 (ECMk) (18 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

1827/2024

Judges

Govindjee, ZM Nhlangulela, L Ellis

The court held that the in duplum rule applies to statutory interest awarded on unpaid pension fund contributions, including post-judgment interest, unless expressly excluded by statute or court order. The Pension Funds Act does not exclude the rule, either expressly or by necessary implication. The rule is not limited to contractual debts and applies to all debts bearing interest. The court is not functus officio in relation to the application of the rule to the interest awarded, and the judgment must be construed subject to the rule. The writ issued by the Fund, which reflected interest far…

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• In Duplum Rule
• Pension Fund Contributions
• Statutory Interest
• Default Judgment
• Stay Of Execution

Jeftha v Public Health and Social Development Sectoral Bargaining Council and Others (C147/2022)

Jeftha v Public Health and Social Development Sectoral Bargaining Council and Others (C147/2022) [2024] ZALCCT 42 (6 September 2024)

Court

Labour Court Cape Town

Case number

C147/2022

Judge

De Wet

The Labour Court set aside a jurisdictional ruling in a benefits dispute and remitted the unfair labour practice matter for fresh arbitration before a different arbitrator.

• Unfair Labour Practice
• Benefits Dispute
• Jurisdictional Ruling
• Remuneration Package
• Pension Fund Contributions
• Unfair-labour-practice

Municipal Workers Retirement Fund v Mafube Local Municipality and 3 Others (2218/2024)

Municipal Workers Retirement Fund v Mafube Local Municipality and 3 Others (2218/2024) [2024] ZAFSHC 272 (5 September 2024)

Court

Free State High Court, Bloemfontein

Case number

2218/2024

Judge

Ramdeyal AJ

The court found that the Municipality had persistently failed to comply with its statutory and constitutional obligations to pay over deducted pension fund contributions to the applicant, despite repeated court orders and substantial equitable share allocations. The Municipality's conduct resulted in severe prejudice to Fund members, undermining their right to social security and the authority of the courts. The respondent's reliance on procedural objections and alternative remedies was rejected as dilatory and unjustified in the circumstances. The court exercised its inherent jurisdiction un…

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• Enforcement Of Judgments
• Pension Fund Contributions
• Municipal Liability
• Court Inherent Jurisdiction
• Promotion Of Access To Information Act

South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Others (65/2022)

South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Others (65/2022) [2023] ZASCA 55; [2023] 7 BLLR 626 (SCA); (2023) 44 ILJ 1479 (SCA) (20 April 2023)

Court

Supreme Court of Appeal

Case number

65/2022

Judges

Saldulker, Molemela, Mabindla-Boqwana, Molefe, Siwendu

The SCA held that the settlement agreement amounted to re-employment, not reinstatement, and rejected issue estoppel. The appeal for arrear pension contributions was dismissed.

• Pension Fund Contributions
• Reinstatement Vs Re Employment
• Issue Estoppel
• Prescription Of Claim
• Interpretation Of Settlement Agreements
• Reinstatement-vs-re-employment

South African Local Authorities Pension Fund v Mohokare Municipality and Another (4145/2021)

South African Local Authorities Pension Fund v Mohokare Municipality and Another (4145/2021) [2023] ZAFSHC 32 (3 February 2023)

Court

Free State High Court, Bloemfontein

Case number

4145/2021

Judge

C Reinders

The High Court dismissed a contempt application against Mohokare Municipality arising from a Pension Fund Adjudicator determination, finding no wilful non-compliance.

• Contempt Of Court
• Enforcement Of Adjudicator Determination
• Pension Fund Contributions
• Civil Judgment Execution
• Contempt-of-court
• Pension-fund-contributions

South African Municipal Workers Union National Provident Fund (Pty) Ltd v Dihlabeng Local Municipality and Others (3463/2013)

South African Municipal Workers Union National Provident Fund (Pty) Ltd v Dihlabeng Local Municipality and Others (3463/2013) [2021] ZAFSHC 360 (17 September 2021)

Court

Free State High Court, Bloemfontein

Case number

3463/2013

Judge

MBHELE

The court held that dismissed municipal employees were reemployed, not reinstated, so the municipality was not liable for further pension fund contributions.

• Pension Fund Contributions
• Prescription Of Claims
• Settlement Agreements
• Res Judicata
• Employment Reinstatement
• Contractual Interpretation

Municipality Workers Retirement Fund v Mafube Local Municipality (2672/2021)

Municipality Workers Retirement Fund v Mafube Local Municipality (2672/2021) [2021] ZAFSHC 342 (9 September 2021)

Court

Free State High Court, Bloemfontein

Case number

2672/2021

Judge

P.E. Molitsoane

The High Court ordered Mafube Local Municipality to pay arrear pension contributions, prescribed interest, and attorney-and-client costs to the Municipal Workers Retirement Fund.

• Pension Fund Contributions
• Statutory Obligations
• Interest On Arrears
• Attorney And Client Costs
• Pension-fund-contributions
• Statutory-obligations

South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Another (3463/2013)

South African Municipal Workers Union National Provident Fund v Dihlabeng Local Municipality and Another (3463/2013) [2014] ZAFSHC 160 (11 September 2014)

Court

Free State High Court, Bloemfontein

Case number

3463/2013

Judge

L J Lekale

The court found that good cause existed for condonation of the late delivery of the respondent's answering papers, and accordingly condoned the delay. This removed the need for the respondent to seek leave to file third party notices. The court further held that the issues raised in the main application, including the constitutionality of section 13A(1) of the Pension Funds Act and Rule 3.2.1 of the applicant's rules, as well as the factual dispute regarding reinstatement versus re-employment of employees, were also raised in the third party proceedings. The interpretation of the relevant set…

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• Third Party Proceedings
• Condonation
• Pension Fund Contributions
• Constitutionality Of Statute

Private Sector Security Provident Fund v Naphtronics (Pty) Limited (971/05)

Private Sector Security Provident Fund v Naphtronics (Pty) Limited (971/05) [2007] ZANWHC 37; (2008) 29 ILJ 289 (B) (10 August 2007)

Court

North West High Court, Mafikeng

Case number

971/05

Judge

A A Landman

High Court held it had jurisdiction over a provident fund claim based on the PFA and fund rules, ordered payment of contributions, and refused condonation.

• Pension Fund Contributions
• Sectoral Determination
• Jurisdiction Of High Court
• Exemption From Fund Membership
• Condonation
• Costs Award