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South Africa decisions
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University of Zululand v Dlongolo (DA23/2023) [2025] ZALAC 1; [2025] 5 BLLR 503 (LAC); (2025) 46 ILJ 1146 (LAC) (21 January 2025)
The Labour Appeal Court held there was no consensus on an early-retirement pension arrangement because the employee should have queried an obvious drafting mistake.
Minerals Council of South Africa v Mines 1970 Unclaimed Benefits Preservation Pension and Others (Reasons) (2020/17039) [2024] ZAGPJHC 1014 (7 October 2024)
The High Court held that amended pension fund rules could lawfully be registered without employer approval and made the draft order an order of court.
Seloana v Government Administration Agency and Others (7633/21) [2024] ZALMPPHC 21 (11 March 2024)
The High Court dismissed a constitutional challenge to GEPF rule 14.6.2 on spousal pensions in polygamous customary marriages, finding no unfair discrimination.
Lekota v Sentinel Retirement Fund [2023] ZAGPJHC 1005 (7 September 2023)
The court dismissed a member’s bid to convert an elected pension annuity into a full lump sum, holding the election irrevocable and the complaint res judicata.
Blue Crane Route Municipality v Municipal Workers Retirement Fund (CA 221/2021) [2023] ZAECMKHC 4 (24 January 2023)
The High Court dismissed a municipality’s appeal against refusal of rescission, holding it had not shown a bona fide defence or grounds under Rule 42.
Blue Crane Route Municipality v Municipal Workers Retirement Fund (CA 221/2021) [2023] ZAECMKHC 141 (24 January 2023)
The Court found that the Municipality failed to establish a bona fide defence to the Fund's claim and did not demonstrate an error or common mistake as envisaged by Rule 42(1)(c). The amended pension fund rule was duly registered and binding from 1 November 2006, and the Municipality's obligation to pay increased contributions was not contingent on its subsequent agreement with the union. The Municipality did not take steps to challenge the validity of the rule through proper legal channels, and its absence from the initial proceedings was not justified. The requirements for rescission under…
Source excerpt
Solidarity obo Strydom & 5 Others v State Information Technology Agency SOC Ltd (C 148/18; JS 49/18; JS 67/18 JS 68/18; JS 338/18; JS 195/18) [2022] ZALCJHB 95; (2022) 43 ILJ 1881 (LC); [2022] 9 BLLR 843 (LC) (9 May 2022)
Labour Court held that SITA fairly retired employees who had reached the normal retirement age of 60. No written agreement extended employment to 67.
Municipal Employees' Pension Fund and Another v Mudau and Another (1159/2020) [2022] ZASCA 46; 2022 (6) SA 343 (SCA) (8 April 2022)
The Supreme Court of Appeal upheld a retroactive pension fund rule reducing withdrawal benefits and held that the complaint fell within the Adjudicator’s powers.
Municipal Employees Pension Fund and Another v Mantsho and Others (A152/2018) [2020] ZAGPPHC 803 (4 November 2020)
The High Court upheld an appeal over pension fund rules, holding that Rule 39 barred a withdrawal benefit where the member was re-employed by another Local Authority.
Blue Crane Route Municipality v Municipal Workers Retirement Fund (3016/2019) [2020] ZAECGHC 113 (8 October 2020)
The High Court dismissed a municipality’s rescission application against a pension fund default order, finding no common mistake and no good cause for rescission.
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