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South Africa Case Law

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Labour Law [2025] ZAFSHC 7

Municipal Workers' Retirement Fund v Mafube Local Municipality and Others (1653/2024)

Municipal Workers' Retirement Fund v Mafube Local Municipality and Others (1653/2024) [2025] ZAFSHC 7; [2025] 2 All SA 274 (FB) (17 January 2025)

Court
Free State High Court, Bloemfontein
Case number
1653/2024
Judge
Opperman

The court held that the applicant is entitled to payment of the arrear retirement fund contributions and interest from the first respondent, Mafube Local Municipality, under section 13A of the Pension Funds Act. The second to fifth respondents, being the municipal manager, chief financial officer, executive mayor, and administrator, are personally liable for the full arrears and interest, as they were regularly involved in the management of the municipality’s financial affairs at the time the claim was instituted. The court rejected arguments that acting appointments, provincial intervention,…

Source excerpt

  • Pension Funds Act Section 13a
  • Personal Liability Of Municipal Officers
  • Arrear Retirement Contributions
  • Statutory Creditor Priority
  • Contempt Of Court
  • Constitutional Right To Social Security
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Commercial And Corporate [2022] ZAWCHC 215

Engineering Industries Pension Fund and Another v Pioneer Mechanical CC and Another (13568/2020)

Engineering Industries Pension Fund and Another v Pioneer Mechanical CC and Another (13568/2020) [2022] ZAWCHC 215 (3 June 2022)

Court
Western Cape High Court, Cape Town
Case number
13568/2020
Judge
G L Carter

The court held that section 13A(8) of the Pension Funds Act unambiguously imposes personal liability on members of a close corporation who control or are regularly involved in its financial affairs for outstanding pension fund contributions. The second respondent, as sole member and controller of the first respondent, admitted the outstanding amount and was found to be personally liable. The statutory provisions override the general protection of the corporate veil in this context, as the Legislature specifically intended to ensure accountability for pension fund contributions. The applicants…

Source excerpt

  • Pension Funds Act Section 13a
  • Personal Liability Of Corporation Members
  • Piercing Corporate Veil
  • Liquidation Procedure
  • Outstanding Contributions
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.