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South Africa Case Law

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Administrative Law [2022] ZAWCHC 231

C.G and Others v Momentum Retirement Annuity Fund and Others (7777/2021)

C.G and Others v Momentum Retirement Annuity Fund and Others (7777/2021) [2022] ZAWCHC 231 (10 November 2022)

The High Court upheld the allocation of a pension death benefit to the deceased’s life partner, finding the fund had properly exercised its section 37C discretion.

  • Pension Funds Act Section 37c
  • Distribution Of Death Benefits
  • Dependency In Pension Law
  • Review Of Adjudicator Decision
  • Promotion Of Administrative Justice Act
  • Pension-funds-act-section-37c
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Administrative Law [2022] ZAGPJHC 620

Jansen Van Vuuren and Another v Momentum Provident Preservation Fund and Others (28160/2020)

Jansen Van Vuuren and Another v Momentum Provident Preservation Fund and Others (28160/2020) [2022] ZAGPJHC 620 (30 August 2022)

High Court review of a pension fund’s section 37C death-benefit allocation was dismissed, with the court upholding payment of the full benefit to the financially dependent partner.

  • Promotion Of Administrative Justice Act
  • Pension Funds Act Section 37c
  • Judicial Review Of Administrative Action
  • Allocation Of Death Benefits
  • Paja-review
  • Pension-funds-act-section-37c
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Administrative Law [2020] ZAGPJHC 18

Mbatha v Transport Sector Retirement Fund and Another (0016223/19)

Mbatha v Transport Sector Retirement Fund and Another (0016223/19) [2020] ZAGPJHC 18 (19 February 2020)

The High Court dismissed a review over a pension fund’s decision to administer minor children’s death benefits within the fund under section 37C.

  • Pension Funds Act Section 37c
  • Administrative Action
  • Promotion Of Administrative Justice Act
  • Distribution Of Death Benefits
  • Pension-funds-act-section-37c
  • Death-benefits
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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.