Brinant Security Services (Pty) Ltd v Private Security Sector Provident Fund and Others (A113/2022)
Brinant Security Services (Pty) Ltd v Private Security Sector Provident Fund and Others (A113/2022) [2023] ZAGPPHC 1113 (6 September 2023)
The court held that the Adjudicator is bound by the time bar in section 30I(1) of the Pension Funds Act and does not have discretion to condone or extend the period. The Adjudicator must consider whether the complaint relates to acts or omissions occurring more than three years before the complaint was received. The court found that the Adjudicator had failed to consider the jurisdictional fact and that the determinations may have included periods that were prescribed. The court concluded that the determinations should be set aside and the complaints remitted to the Adjudicator for proper inv…
Source excerpt
- Pension Funds Act
- Jurisdiction Of Adjudicator
- Prescription
- Time Bar
- Remittal To Adjudicator