South Africa Case Law

Mbonambi and Another v eJobourg Retirement Fund and Others (20601/2022)

Mbonambi and Another v eJobourg Retirement Fund and Others (20601/2022) [2025] ZAGPJHC 679 (14 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

20601/2022

Judge

GA Fourie

The court found that the Fund had complied with its statutory duty under section 37C of the Pension Funds Act by tracing and considering all potential dependants and nominees. The Fund exercised its discretion lawfully and rationally, taking into account the affidavits and evidence presented. The applicants failed to provide sufficient proof of dependency, and the Fund’s decision to allocate the death benefit solely to Mrs Mbonambi Senior was supported by rational reasons and the deceased’s nomination. The non-joinder of Mrs Mbonambi Senior did not preclude determination of the matter, as her…

Source excerpt

• Pension Funds Act
• Death Benefit Distribution
• Joinder Of Parties
• Review Of Administrative Decision

Mudau and Others v Telkom Retirement Fund and Others (075889/2024)

Mudau and Others v Telkom Retirement Fund and Others (075889/2024) [2025] ZAGPPHC 562 (26 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

075889/2024

Judge

Strijdom

The High Court dismissed an appeal against a Pension Funds Adjudicator ruling, holding there was no admissible evidence of deception and the fund acted within its rules.

• Pension Funds Act
• Hearsay Evidence
• Fund Rules Interpretation
• Nomination Form Vs Statutory Discretion
• Early Retirement Benefits
• Pension-funds-act

Mafoko Security Patrols Pty Ltd v Kheledi and Others (2023/036840; 2023/057409; 2023/085922; 2023/086107)

Mafoko Security Patrols Pty Ltd v Kheledi and Others (2023/036840; 2023/057409; 2023/085922; 2023/086107) [2025] ZAGPJHC 252 (7 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/036840; 2023/057409; 2023/085922; 2023/086107

Judge

JM Berger

The High Court dismissed Mafoko Security Patrols’ applications to review pension-related determinations and refused a withdrawal without consent, awarding costs to the first respondents.

• Pension Funds Act
• Review Of Administrative Action
• Enforcement Of Civil Judgments
• Costs Orders
• Pension-fund-adjudicator
• Judicial-review

Brinant Security Services (Pty) Ltd v Rachoshi and Others (A217/2024; 25318/2017)

Brinant Security Services (Pty) Ltd v Rachoshi and Others (A217/2024; 25318/2017) [2025] ZAGPPHC 160 (14 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

A217/2024; 25318/2017

Judges

Labuschagne, Yende, Mazibuko

The Full Court upheld Brinant’s appeal, set aside the Pension Funds Adjudicator’s determination, and held the complaint was time-barred and settled.

• Pension Funds Act
• Statutory Time Bar
• Settlement Agreement
• Jurisdiction Of Adjudicator
• Procedural Fairness
• Pension-funds-act

Engineering Industries Pension Fund and Another v Installair (Pty) Ltd and Others (1633/2023)

Engineering Industries Pension Fund and Another v Installair (Pty) Ltd and Others (1633/2023) [2025] ZAWCHC 8 (16 January 2025)

Court

Western Cape High Court, Cape Town

Case number

1633/2023

Judge

Parker

The High Court ordered two company directors to provide missing pension and provident fund schedules, pay outstanding contributions, interest, and attorney-and-client costs.

• Pension Funds Act
• Personal Liability Of Directors
• Outstanding Contributions
• Statutory Obligations
• Liquidation
• Prescribed Interest

Lesedi Local Municipal v Municipal Gratuity Fund and Another (2024/067842)

Lesedi Local Municipal v Municipal Gratuity Fund and Another (2024/067842) [2024] ZAGPJHC 1101 (29 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/067842

Judge

A Bester

The High Court dismissed condonation and struck a late leave-to-appeal application from the roll, finding the delay inadequately explained and the appeal prospects poor.

• Condonation For Late Filing
• Leave To Appeal
• Interdict
• Pension Funds Act
• Prima Facie Right
• Condonation-for-late-filing

Ntlokwana v Sanlam Life Insurance Limited (2023-053497)

Ntlokwana v Sanlam Life Insurance Limited (2023-053497) [2024] ZAGPPHC 1092 (22 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-053497

Judge

Coertzen

The High Court dismissed an application to cancel retirement-linked insurance policies, finding the non-surrender clauses were lawful and the notice of termination ineffective.

• Non Surrender Clauses
• Policyholder Protection Rules
• Long Term Insurance Act
• Pension Funds Act
• Declaratory Relief
• Contract Cancellation

South African Municipal Workers Union National Provident Fund v Tlokwe Local Municipality and Others (A129/22)

South African Municipal Workers Union National Provident Fund v Tlokwe Local Municipality and Others (A129/22) [2024] ZAGPPHC 748 (29 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

A129/22

Judges

E van der Schyff, M Mabesele, M Moleleki

Appeal dismissed against refusal to vary a consent order under Rule 42(1)(c) for alleged common mistake about the Fund’s tax status.

• Variation Of Court Orders
• Common Mistake
• Income Tax Act
• Pension Funds Act
• Motion Proceedings
• Rule-42-variation

Mamba Strike Force CC v Sheriff Germiston North N.O. and Others (2019/14264)

Mamba Strike Force CC v Sheriff Germiston North N.O. and Others (2019/14264) [2023] ZAGPJHC 1372 (24 November 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2019/14264

Judge

P Stais

The High Court dismissed an application to rescind a Pension Funds Adjudicator determination filed as a civil judgment, and ordered attorney-and-client costs.

• Rescission Of Judgment
• Pension Funds Act
• Internal Remedies Exhaustion
• Attorney And Client Costs
• Rescission-of-judgment
• Pension-funds-act

Phiri v Magona Security (Pty) Ltd and Others (J 764/2023)

Phiri v Magona Security (Pty) Ltd and Others (J 764/2023) [2023] ZALCJHB 310 (8 November 2023)

Court

Labour Court Johannesburg

Case number

J 764/2023

Judge

Van Niekerk

The Labour Court is a statutory court with jurisdiction limited to matters expressly provided for in the Labour Relations Act or other statutes. The Pension Funds Act does not confer jurisdiction on the Labour Court to enforce determinations issued by the Pension Funds Adjudicator. Section 30O of the Pension Funds Act deems such determinations to be civil judgments, but does not specify that the Labour Court is the forum for enforcement. The appropriate remedy for enforcement of a determination sounding in money is the issuing of a writ of execution in the Magistrates’ Court or High Court, no…

Source excerpt

• Jurisdiction Of Labour Court
• Enforcement Of Adjudicator Determinations
• Contempt Of Court
• Pension Funds Act
• Certification Of Arbitration Awards