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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 412

Motshegoa v Government Employee Pension Fund and Others

Motshegoa v Government Employee Pension Fund and Others [2023] ZAGPPHC 412; 20605/2022 (8 June 2023)

The High Court confirmed a rule nisi and ordered the pension fund to identify the deceased’s dependents and nominees and distribute death benefits under section 37C.

  • Customary Marriage
  • Urgent Interdict
  • Pension Fund Benefits
  • Dependents
  • Section 37c Pension Funds Act
  • Customary-marriage
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Administrative Law [2021] ZAGPPHC 124

Swart N.O and Others v Lukhaimane N.O and Others (54157/2019)

Swart N.O and Others v Lukhaimane N.O and Others (54157/2019) [2021] ZAGPPHC 124 (12 February 2021)

The High Court reviewed and set aside a pension fund’s decision to award all death benefits to a spouse, ordering a fresh investigation under section 37C.

  • Promotion Of Administrative Justice Act
  • Pension Fund Beneficiary Allocation
  • Trust Solvent Dependency
  • Judicial Review Of Administrative Action
  • Maintenance Claims
  • Section 37c Pension Funds Act
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Civil Procedure [2019] ZAGPPHC 274

Sindane v Sentinel Retirement Fund and Others (93656/2016)

Sindane v Sentinel Retirement Fund and Others (93656/2016) [2019] ZAGPPHC 274 (27 June 2019)

Review dismissed: the applicant filed late, failed to justify condonation, and did not prove dependency or a valid customary marriage.

  • Pension Fund Death Benefits
  • Customary Marriage Validity
  • Condonation For Late Filing
  • Dependant Status
  • Recognition Of Customary Marriages Act
  • Section 37c Pension Funds Act
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Civil Procedure [2017] ZAGPPHC 687

Mampe v Amplats Retirement Fund and Others (8074/2015)

Mampe v Amplats Retirement Fund and Others (8074/2015) [2017] ZAGPPHC 687 (30 October 2017)

The High Court held that pension death benefits are governed by section 37C of the Pension Funds Act, not intestate succession, and dismissed the application.

  • Pension Fund Benefits
  • Intestate Succession
  • Section 37c Pension Funds Act
  • Pension-fund-benefits
  • Section-37c-pension-funds-act
  • Intestate-succession
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.