Post Office Retirement Fund v South African Post Office SOC Ltd and Others (1134/2020)
Post Office Retirement Fund v South African Post Office SOC Ltd and Others (1134/2020) [2021] ZASCA 186; [2022] 2 All SA 71 (SCA) (30 December 2021)
SAPO is under a statutory obligation, in terms of rule 3 of the Post Office Retirement Fund's rules, to pay monthly pension contributions to the Fund, including both employer and employee portions, by the first working day of each month. The rules do not confer any discretion on SAPO to withhold payment or prioritise other creditors. SAPO's financial distress, whether caused by the COVID-19 pandemic or pre-existing managerial failures, does not constitute supervening impossibility of performance, as the impossibility is not absolute, not caused by vis major or casus fortuitus, and is self-cre…
Source excerpt
- Statutory Pension Fund Obligations
- Impossibility Of Performance
- Interpretation Of Fund Rules
- Public Body Liability
- Constitutional Rights Of Employees
- Prioritisation Of Creditors