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Joint Municipal Pension Fund v Ehlanzeni District Municipality (70680/2013) [2019] ZAGPPHC 1087 (1 September 2019)
The High Court dismissed the pension fund’s claim against the municipality, holding that it had prescribed and that the fund failed to prove liability.
Joint Municipal Pension Fund v Enhlanzeni District Municipality (70680/13) [2016] ZAGPPHC 201 (12 April 2016)
The High Court held that the pension fund lacked locus standi to claim pension benefits for a former member and dismissed the claim with costs.
Germiston Municipal Retirement Fund v Ekurhuleni Metropolitan Municipality (36600/2011) [2015] ZAGPPHC 1073 (22 May 2015)
The court held that the interpretation of Rule 10.8.1 had already been authoritatively determined by the Supreme Court of Appeal, and the Municipality's attempt to introduce new historical evidence was rejected due to lack of explanation for its previous omission and failure to meet the requirements for admitting further evidence. The public policy defence was dismissed, as the rule was validly agreed, registered, and protected by statute, and Section 50 of the MFMA did not retrospectively invalidate such agreements. The court found no factual basis for the allegation that the Fund's board fa…
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MNOPF Trustees Limited v SA Marine Corporation (Pty) Ltd (9085/2008) [2013] ZAWCHC 180 (11 December 2013)
The High Court held that SACM remained bound as a participating employer in the pension fund and was liable for deficit contributions under later amendments.
Agricultural Research Council v Bredell and Others (539/2003) [2004] ZASCA 147; [2005] 1 All SA 515 (SCA) (2 December 2004)
The Supreme Court of Appeal held that employer top-up payments to a pension fund were recoverable from employees under the condictio indebiti.
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