South Africa Case Law

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)

Court

Western Cape High Court, Cape Town

Case number

7777/2021

Judge

Hockey

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

Motsioa and Others v eJoburg Retirement Fund and Others (43479/20)

Motsioa and Others v eJoburg Retirement Fund and Others (43479/20) [2022] ZAGPJHC 454 (6 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

43479/20

Judge

M A Makume

The court found that the allocation of 15% of the deceased's pension benefits to the third respondent was irrational and based on incorrect reasons, as she was neither a lawful dependant nor a valid spouse. The alleged customary marriage was void ab initio due to the third respondent's existing marriage and lack of consent from the civil spouse. The Trustees' discretion must be exercised in accordance with Section 37C of the Pension Funds Act, prioritizing lawful dependants and nominees. The High Court has jurisdiction to review and substitute the Pension Fund Adjudicator's determination. The…

Source excerpt

• Pension Fund Distribution
• Dependants Definition
• Customary Marriage Validity
• Review Of Adjudicator Decision

Joint Municipal Pension Fund and Another v Grobler and Others (183/06)

Joint Municipal Pension Fund and Another v Grobler and Others (183/06) [2007] ZASCA 49; [2007] 4 All SA 855 (SCA); 2007 (5) SA 629 (SCA) (30 March 2007)

Court

Supreme Court of Appeal

Case number

183/06

Judges

CT Howie, Nugent, Heher, Ponnan, Musi

The court held that a pension fund rule amendment reducing a member’s accumulated retrenchment benefit was invalid and set it aside.

• Pension Fund Rule Amendment
• Established Benefit
• Review Of Adjudicator Decision
• Jurisdiction Of Adjudicator
• Promotion Of Administrative Justice Act
• Pension-fund-rule-amendment