South Africa Case Law

Masindi v Chemical Industries National Provident Fund and Others (16/24267)

Masindi v Chemical Industries National Provident Fund and Others (16/24267) [2016] ZAGPJHC 360 (13 December 2016)

Court

South Gauteng High Court, Johannesburg

Case number

16/24267

Judge

Epstein

High Court judgment on pension death benefits, holding payment to the beneficiary’s attorneys was not permitted and rejecting interest from a date before notification of death.

• Pension Fund Benefits
• Section 37a Pension Funds Act
• Interest On Death Benefit
• Payment To Third Party
• Costs De Bonis Propriis
• Pension-fund-benefits

M v M and Another (230/2016)

M v M and Another (230/2016) [2016] ZAFSHC 132 (4 August 2016)

Court

Free State High Court, Bloemfontein

Case number

230/2016

Judge

M C Mokgobo

The court found that the applicant was attempting to enforce the deed of settlement against the second respondent, who was not a party to the agreement, and that such enforcement is not permissible. The living annuity administered by the second respondent constitutes a pension benefit protected under section 37A(1) of the Pension Funds Act, which applies to both the capital and monthly pay-outs while under the fund's control. Any order directing the fund administrator to pay a portion of the monthly proceeds to the applicant would amount to an impermissible reduction, transfer, or attachment…

Source excerpt

• Divorce Settlement
• Pension Interest
• Living Annuity
• Section 37a Pension Funds Act
• Enforcement Of Settlement
• Attachment Of Pension Benefits