Dali and Others v Government of Republic of South Africa and Another (623/98)
Dali and Others v Government of Republic of South Africa and Another (623/98) [2000] ZASCA 30; [2000] 3 All SA 206 (A) (31 May 2000)
The Supreme Court of Appeal held that the repayments made by the appellants to the Government of Venda were not owing and were recoverable under the condictio indebiti, as the amounts were paid under duress and were not due. The court found that the appellants were entitled to 100% of their accrued benefits and that the funding level of the pension fund was irrelevant to the calculation of their entitlement. The court rejected the respondents' argument that the Venda Pension Fund was a separate legal entity, holding them to their admissions and agreements during trial. Section 8 of Proc 9 of…
Source excerpt
- Condictio Indebiti
- Privatisation Of Pension Fund
- Retrospective Legislation
- Constitutional Review
- Costs Orders