South Africa Case Law

M and Another v Murray and Others (251/2019)

M and Another v Murray and Others (251/2019) [2020] ZASCA 86; 2020 (6) SA 55 (SCA) (9 July 2020)

Court

Supreme Court of Appeal

Case number

251/2019

Judges

Ponnan, Dambuza, Van der Merwe, Makgoka, Mbatha

The Supreme Court of Appeal held that section 37B of the Pensions Fund Act does not protect pension benefits once paid out to the beneficiary prior to sequestration. The money, once received, becomes part of the beneficiary's ordinary estate and is susceptible to attachment by creditors. The court found that the payments made by Mr M[...] to Mrs M[...] and Iprolog (Pty) Ltd were collusive transactions designed to prejudice creditors, particularly Lowveld, and to prefer Mrs M[...] above other creditors. The divorce was found to be a sham, and the arrangements surrounding the disposition of ass…

Source excerpt

• Pension Fund Protection
• Sequestration
• Collusive Disposition
• Insolvency Act Section 31
• Disposition In Compliance With Court Order

Sentinel Retirement Fund and Another v Masoanganye (1003/2017)

Sentinel Retirement Fund and Another v Masoanganye (1003/2017) [2018] ZASCA 126 (27 September 2018)

Court

Supreme Court of Appeal

Case number

1003/2017

Judges

Lewis, Cachalia, Saldulker, Mbha, Makgoka

The SCA held that a pension benefit can be paid to a curator bonis under a POCA restraint order and is not blocked by section 37A while still in the fund.

• Pension Fund Protection
• Restraint Order
• Curator Bonis
• Prevention Of Organised Crime Act
• Attachment And Execution
• Pension-fund-protection