Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Special Investigating Unit v Dlamini and Others (GP26/2024) [2025] ZAST 9 (10 June 2025)
The Special Tribunal granted an interim interdict preserving a respondent’s pension benefits pending SIU recovery proceedings over a fraudulent grant payment.
Hillhouse v Pidelta (Pty) Ltd and Another (1237/2024P) [2024] ZAKZPHC 57 (29 July 2024)
Urgent application to compel pension benefit payment dismissed. The court held the applicant had not shown a clear right, and the fund lawfully withheld payment under section 37D.
Umgungundlovu District Municipality v Natal Joint Municipal Pension Fund and Another (7187/2022P) [2023] ZAKZPHC 142 (23 November 2023)
The applicant sought to withhold a portion of the second respondent's pension benefit pending the outcome of a damages claim arising from alleged misconduct and dishonesty. The court found that the applicant had established a prima facie case of misconduct and unjust enrichment, and that the requirements for a final interdict were largely satisfied except for the absence of a final decision by the first respondent regarding the withholding of benefits. The first respondent's letter did not constitute a final refusal, and the applicant retains an alternative remedy through referral to the Pens…
Source excerpt
Jacobs v Telkom and Others (17342/2021) [2022] ZAGPPHC 551; (2022) 43 ILJ 1902 (GP) (1 April 2022)
The High Court granted Telkom an interim interdict preventing payment of Jacobs’s pension benefits pending finalisation of Telkom’s action alleging misconduct.
M v SALA Pension Fund (2021/5781) [2021] ZAGPJHC 444 (31 August 2021)
The court found that while the applicant may be entitled to 50% of the deceased's pension interest as at the date of divorce, the court order relied upon does not comply with the requirements of section 7(8) of the Divorce Act. Specifically, the order does not identify the respondent pension fund nor direct it to make payment to the applicant. As a result, the respondent is not bound by the order and is not obliged to pay the applicant her share of the pension interest. The applicant must seek satisfaction from the deceased's estate. The respondent acted in accordance with section 37C of the…
Source excerpt
Kwacha Pension Fund and Another v Pension Fund Adjudicator and Another (76484/2013) [2014] ZAGPPHC 481 (23 May 2014)
High Court review of a Pension Fund Adjudicator determination. The court held that a R383,808.86 deduction from a pension benefit was lawful under section 37D.
Gradwell v Bidpaper Plus (Pty) Ltd and Others (EL46/2012) [2012] ZAECGHC 64; (2012) ILJ 33 2794 (ECG) (21 August 2012)
The court held that section 37D of the Pension Funds Act allows a pension fund to withhold benefits where the employer alleges facts which, if proved, would amount to theft, fraud, dishonesty, or misconduct. The employer's allegations that the applicant passed confidential information to a competitor and entered into arrangements detrimental to the employer, if proven, would constitute serious misconduct and dishonesty. The court found that such conduct necessarily implies dishonesty as contemplated by section 37D. Therefore, the pension fund's decision to withhold the applicant's benefits pe…
Source excerpt
Explore more
