Municipal Employees' Pension Fund and Another v Mudau (A540/2017) [2020] ZAGPPHC 538 (22 June 2020)
Court
North Gauteng High Court, Pretoria
Case number
A540/2017
Judges
Kubushi, Avvakoumides, Leathern
Full court appeal about a pension fund rule amendment and whether the Adjudicator could apply it retrospectively to reduce a member’s withdrawal benefit.
Registrar of Pension Fund and Another v Kwazilu-Natal Retirement Fund and Another (3469/2012) [2013] ZAKZDHC 12 (15 April 2013)
Court
Kwazulu-Natal High Court, Durban
Case number
3469/2012
Judge
Balton
The court found that the Registrar's functionaries approved and registered amendments to the respondents' pension fund rules introducing target pensions without being aware of pending appeals and the underlying dispute regarding the nature and funding of target pensions. The respondents failed to disclose the existence of the appeals and misrepresented the purpose of the amendments as clarifying existing provisions, when in fact the rules did not previously provide for target pensions. This constituted a material mistake of fact and law, and relevant considerations were not taken into account…
South African Local Authorities Pension Fund v Lukhanji Municilapity, South African Local Authorities Pension Fund v Tsolwana Municipality (1453/2008, 1459/2008) [2011] ZAECGHC 54 (18 October 2011)
Court
Eastern Cape High Court, Grahamstown
Case number
1453/2008, 1459/2008
Judge
J W Eksteen
The court held that section 12(4) of the Pension Fund Act permits a pension fund to determine the effective date of a rule amendment, including a retrospective date, provided the amendment is approved by the Registrar and is not unreasonable or absurd. In this case, the amendment was negotiated and agreed upon through the plaintiff's regional committees and SALGA, and the defendants were aware of the intended increase from August 2003. The rules, interpreted in the context of statutory obligations, empower the trustees to implement the amendment retrospectively. The MFMA does not preclude pay…
City of Johannesburg (Metropolitan Municipality) v National Fund for Municipal Workers and Others (05/35546) [2008] ZAGPHC 396 (25 November 2008)
Court
High Courts - Gauteng
Case number
05/35546
Judge
N.M. Mavundla
The court found that the amendment of rule 11.19(1) to rule 11.18(1) was effected without the applicant's required consent, as stipulated in the Fund's rules and the Pension Funds Act. The mere presence of applicant's representatives at the meeting did not constitute formal consent. The Registrar's registration of the amendment did not validate the rule change, as the jurisdictional requirements for a valid amendment were not met. The court exercised its inherent powers to condone procedural defects in citation and service, finding no prejudice to the respondents. The requirement to exhaust i…
Joint Municipal Pension Fund and Another v Grobler and Others (183/06) [2007] ZASCA 49; [2007] 4 All SA 855 (SCA); 2007 (5) SA 629 (SCA) (30 March 2007)
Court
Supreme Court of Appeal
Case number
183/06
Judges
CT Howie, Nugent, Heher, Ponnan, Musi
The court held that a pension fund rule amendment reducing a member’s accumulated retrenchment benefit was invalid and set it aside.
