South Africa Case Law

Voltex (Pty) Ltd v Bidvest South Africa Retirement Fund and Others (038191/2025)

Voltex (Pty) Ltd v Bidvest South Africa Retirement Fund and Others (038191/2025) [2025] ZAGPPHC 368 (29 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

038191/2025

Judge

Strijdom

The court found that section 37D(1)(b)(ii)(bb) of the Pension Funds Act provides a statutory basis for the applicant to seek interim relief to preserve pension benefits pending the outcome of civil proceedings for recovery of losses caused by theft and fraud. The applicant demonstrated a prima facie right to such relief, as the pension benefits are the only identified assets from which recovery may be made. The respondents' financial hardship, while significant, does not outweigh the applicant's risk of irreparable harm and the potential frustration of its statutory remedy. The internal guide…

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• Interim Interdict
• Pension Fund Withholding
• Section 37d Pension Funds Act
• Acknowledgement Of Debt
• Urgent Application

Lesedi Local Municipality v National Fund for Municipal Workers and Another (2024/047652)

Lesedi Local Municipality v National Fund for Municipal Workers and Another (2024/047652) [2024] ZAGPJHC 473 (10 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/047652

Judge

M Jordaan

The High Court granted an urgent interim interdict stopping pension payout pending a forensic investigation into alleged misappropriation of municipal bursary funds.

• Interim Interdict
• Pension Fund Withholding
• Fraudulent Misappropriation
• Urgent Application
• Disciplinary Proceedings
• Interim-interdict

Hansen + Genwest (Pty) Ltd v Corporate Selection Umbrella and Others (2023-002990)

Hansen + Genwest (Pty) Ltd v Corporate Selection Umbrella and Others (2023-002990) [2023] ZAGPJHC 100 (6 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-002990

Judge

RJ Moultrie

The court held that the applicant established a prima facie right to have a portion of the third respondent's pension benefit withheld, as the pleaded conduct involved dishonest assistance to a competitor, falling within the scope of section 37D(1)(b)(ii) of the Pension Funds Act. However, the applicant failed to show entitlement to the full amount claimed, as the evidence only supported involvement in three of the six alleged diverted transactions, and the degree of fault was limited. Applying the apportionment principle, the court found it unlikely that the third respondent would be held li…

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• Pension Fund Withholding
• Interim Interdict
• Fiduciary Duties
• Apportionment Of Damages
• Misconduct With Element Of Dishonesty

Special Investigation Unit and Another v Lekalakala and Others (NW/07/2020)

Special Investigation Unit and Another v Lekalakala and Others (NW/07/2020) [2020] ZAST 1 (10 July 2020)

Court

Special Tribunal

Case number

NW/07/2020

Judge

Siwendu

The Tribunal found that, although the applicants did not provide all necessary details regarding the investigation and the value of the pension, there were grave allegations of misconduct against the first respondent, who was responsible for significant maladministration as accounting officer. The Tribunal accepted that section 37D(1)(b) of the Pension Funds Act, interpreted purposively and in line with Highveld Steel, empowers it to withhold payment of pension benefits pending determination of liability. The applicants established a prima facie right and a well-grounded apprehension of irrep…

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• Interim Interdict
• Pension Fund Withholding
• Misconduct By Public Official
• Special Investigating Units And Special Tribunals Act
• Prima Facie Right
• Balance Of Convenience

Mpoletsang v Sol Plaatje Municipality and Another (2748/17)

Mpoletsang v Sol Plaatje Municipality and Another (2748/17) [2018] ZANCHC 39 (6 July 2018)

Court

Northern Cape High Court, Kimberley

Case number

2748/17

Judge

Mamosebo

The High Court dismissed an application to release pension benefits, upheld a counter-application to withhold payment, and granted condonation for late heads.

• Pension Fund Withholding
• Fraud And Misconduct
• Interim Interdict
• Condonation Of Late Filing
• Pension-fund-withholding
• Fraud-and-dishonesty

Windybrow Centre for the Arts v Sanlam Life Insurance Limited and Others (50395/2015)

Windybrow Centre for the Arts v Sanlam Life Insurance Limited and Others (50395/2015) [2016] ZAGPPHC 225 (24 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

50395/2015

Judge

Mali AJ

High Court application for an interim interdict to preserve pension benefits failed because the applicant did not prove a prima facie right under section 37D.

• Interim Interdict
• Pension Fund Withholding
• Prima Facie Right
• Irreparable Harm
• Balance Of Convenience
• Interim-interdict

Windybrow Theatre v Sanlam Employee Benefits Division of the Sanlam Umbrella Fund and Others (52218 / 15)

Windybrow Theatre v Sanlam Employee Benefits Division of the Sanlam Umbrella Fund and Others (52218 / 15) [2015] ZAGPPHC 786 (16 November 2015)

Court

North Gauteng High Court, Pretoria

Case number

52218 / 15

Judge

N M Mavundla

The High Court removed an urgent pension-benefits interdict application from the urgent roll and ordered each party to pay its own costs.

• Interim Interdict
• Urgency
• Pension Fund Withholding
• Misappropriation
• Costs Order
• Urgent-application