South Africa Case Law

Ndwandwe v Trustees of Transnet Retirement Fund and Others (D7381/2020; D3438/2020)

Ndwandwe v Trustees of Transnet Retirement Fund and Others (D7381/2020; D3438/2020) [2023] ZAKZDHC 8; 2025 (2) SA 211 (KZD) (22 February 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D7381/2020; D3438/2020

Judge

Shapiro

The court upheld a pension fund’s equitable distribution of a death benefit, finding the nomination form was not binding and the trustees acted rationally.

• Pension Fund Discretion
• Death Benefit Distribution
• Nomination Form Weight
• Review Of Administrative Action
• Equitable Apportionment
• Pension-fund-discretion

Rousseau and Others v Government Employees Pension Fund and Others (2938/2021)

Rousseau and Others v Government Employees Pension Fund and Others (2938/2021) [2022] ZAFSHC 285 (21 October 2022)

Court

Free State High Court, Bloemfontein

Case number

2938/2021

Judges

Reinders, Chesiwe

The court held that the decision of the Government Pension Administration Agency to allocate pension benefits to the major children was vitiated by its failure to consider the deceased's 2010 nomination form. The Board was unaware of the nomination and did not take it into account, resulting in a decision made without all relevant information. While the Board has a wide discretion to allocate benefits among dependants and may override a member's wishes, such discretion must be exercised rationally and with due regard to all relevant factors, including valid nominations. The statutory definiti…

Source excerpt

• Promotion Of Administrative Justice Act
• Pension Fund Discretion
• Definition Of Dependant
• Review Of Administrative Action
• Equitable Distribution
• Costs Order