South Africa Case Law

Ramatsekisa v Special Investigating Unit and Others (GP21/2023)

Ramatsekisa v Special Investigating Unit and Others (GP21/2023) [2025] ZAST 7 (17 March 2025)

Court

Special Tribunal

Case number

GP21/2023

Judge

M Victor

The Tribunal found that the applicant failed to provide full and frank disclosure of his financial situation, including details of income from rental properties and proceeds from property sales, and showed reluctance to sell assets to meet expenses. The legislative framework, when interpreted harmoniously, empowers the Tribunal to grant interdictory relief to protect state assets, and the rules do not override the SIU Act. The applicant did not meet the requirements for release of preserved funds under rule 23(10), as he did not disclose all interests in property subject to the preservation o…

Source excerpt

• Preservation Order
• Release Of Preserved Funds
• Full And Frank Disclosure
• Ranking Of Creditors
• Statutory Interpretation
• Pension Fund Deductions

Lesedi Local Municipality v Municipal Gratuity Fund and Another (2024-067842)

Lesedi Local Municipality v Municipal Gratuity Fund and Another (2024-067842) [2024] ZAGPJHC 828 (16 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024-067842

Judge

A Bester

The High Court dismissed an urgent interdict application to freeze a municipal employee’s pension benefits, finding insufficient primary facts to show a prima facie claim.

• Interim Interdict
• Pension Fund Deductions
• Disciplinary Proceedings
• Prima Facie Right
• Interim-interdict
• Pension-fund-deductions

Motsoeneng v South African Broadcasting Corporation Soc Ltd and Others

Motsoeneng v South African Broadcasting Corporation Soc Ltd and Others [2024] ZASCA 80; 2025 (4) SA 122 (SCA) (27 May 2024)

Court

Supreme Court of Appeal

Case number

64/2023

Judges

Ponnan, Hughes, Meyer, Tlaletsi, Mbhele

The SCA dismissed Motsoeneng’s condonation application for a late appeal, holding that no exceptional circumstances justified reconsideration under s 17(2)(f).

• Condonation
• Exceptional Circumstances
• Pension Fund Deductions
• Fiduciary Duty
• Unlawful Enrichment
• Exceptional-circumstances

South African Broadcasting Corporation SOC Limited and Another v South African Broadcasting Corporation Pension Fund and Another (2017/29163)

South African Broadcasting Corporation SOC Limited and Another v South African Broadcasting Corporation Pension Fund and Another (2017/29163) [2021] ZAGPJHC 822 (15 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2017/29163

Judge

J.L. Khan

The High Court set aside the SABC’s success-fee decision for George Motsoeneng, ordered repayment with interest, and allowed recovery from pension proceeds if unpaid.

• Principle Of Legality Review
• Ultra Vires Decision
• Fiduciary Duties
• Pension Fund Deductions
• Unjust Enrichment
• Public Sector Governance

Msimango v Ekurhuleni Metropolitan Municipality and Another (1224/14)

Msimango v Ekurhuleni Metropolitan Municipality and Another (1224/14) [2015] ZAGPPHC 559 (7 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

1224/14

Judge

N V Khumalo

The court dismissed an application to pay out pension benefits immediately, holding that section 37D allowed benefits to be withheld pending liability proceedings.

• Pension Fund Deductions
• Section 37d Pension Funds Act
• Withholding Of Benefits
• Dismissal For Misconduct
• Pension-fund-deductions
• Section-37d-pension-funds-act

Mathebula v South African Post Office Limited and Another (12240/14)

Mathebula v South African Post Office Limited and Another (12240/14) [2014] ZAGPPHC 908 (14 November 2014)

Court

North Gauteng High Court, Pretoria

Case number

12240/14

Judge

Strydom

The court dismissed an employee’s pension-deduction repayment claim as prescribed, holding he knew the essential facts when he received the reduced payout in March 2010.

• Prescription Act
• Unjust Enrichment
• Condictio Indebiti
• Employment Contract
• Pension Fund Deductions
• Prescription

Boshoff v Iliad Africa Trading (Pty) Ltd t/a Builders Market Welkom (1140/2011)

Boshoff v Iliad Africa Trading (Pty) Ltd t/a Builders Market Welkom (1140/2011) [2012] ZAFSHC 4; (2012) 33 ILJ 2785 (FB) (26 January 2012)

Court

Free State High Court, Bloemfontein

Case number

1140/2011

Judge

M.H. Rampai

High Court held the employer could not retain pension benefits paid under a rescinded default judgment; set-off failed and the money had to be repaid.

• Pension Fund Deductions
• Set Off
• Rescission Of Judgment
• Provident Fund Payments
• Pension-fund-deductions
• Set-off