South Africa Case Law

Voltex (Pty) Ltd v Bidvest South Africa Retirement Fund and Others (038191/2025)

Voltex (Pty) Ltd v Bidvest South Africa Retirement Fund and Others (038191/2025) [2025] ZAGPPHC 368 (29 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

038191/2025

Judge

Strijdom

The court found that section 37D(1)(b)(ii)(bb) of the Pension Funds Act provides a statutory basis for the applicant to seek interim relief to preserve pension benefits pending the outcome of civil proceedings for recovery of losses caused by theft and fraud. The applicant demonstrated a prima facie right to such relief, as the pension benefits are the only identified assets from which recovery may be made. The respondents' financial hardship, while significant, does not outweigh the applicant's risk of irreparable harm and the potential frustration of its statutory remedy. The internal guide…

Source excerpt

• Interim Interdict
• Pension Fund Withholding
• Section 37d Pension Funds Act
• Acknowledgement Of Debt
• Urgent Application

CADAC Pension Fund and Others v Nash and Others (43585/2019)

CADAC Pension Fund and Others v Nash and Others (43585/2019) [2025] ZAGPJHC 386 (16 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

43585/2019

Judge

S D J Wilson

The High Court refused to discharge an interim interdict preserving the status quo in a pension fund dispute, finding the main case remains live.

• Interim Interdict
• Pension Fund Curatorship
• Section 37d Pension Funds Act
• Variation Of Court Orders
• Paid Up Fund Status
• Interim-interdict

Fourie v Vrystaat Munisipale Pensionfond and Others (2973/2021)

Fourie v Vrystaat Munisipale Pensionfond and Others (2973/2021) [2022] ZAFSHC 98 (20 May 2022)

Court

Free State High Court, Bloemfontein

Case number

2973/2021

Judge

Daniso

The court found that the third respondent's pension interest ceased to exist as an asset for division when he exited the Fund before the divorce. Therefore, the divorce order directing the Fund to pay a portion of his pension interest to the applicant is ineffectual. The Fund was entitled to withhold the entire pension benefit under section 37D(1)(b)(ii) of the Pension Funds Act due to pending civil claims for misappropriation of funds, and this right extended mutatis mutandis to the applicant as a non-member spouse. The applicant's claim for unpaid pension benefits prescribed three years aft…

Source excerpt

• Divorce Pension Interest
• Prescription Of Debt
• Section 37d Pension Funds Act
• Enforceability Of Divorce Order
• Non Member Spouse Entitlement

Msimango v Ekurhuleni Metropolitan Municipality and Another (1224/14)

Msimango v Ekurhuleni Metropolitan Municipality and Another (1224/14) [2015] ZAGPPHC 559 (7 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

1224/14

Judge

N V Khumalo

The court dismissed an application to pay out pension benefits immediately, holding that section 37D allowed benefits to be withheld pending liability proceedings.

• Pension Fund Deductions
• Section 37d Pension Funds Act
• Withholding Of Benefits
• Dismissal For Misconduct
• Pension-fund-deductions
• Section-37d-pension-funds-act

Iliad Africa Trading (Pty) Ltd t/a Builders Market, Welkom v Boshoff, Boshoff v Iliad Africa Trading (Pty) Ltd t/a Builders Market, Welkom (A59/2013, 1140/2011)

Iliad Africa Trading (Pty) Ltd t/a Builders Market, Welkom v Boshoff, Boshoff v Iliad Africa Trading (Pty) Ltd t/a Builders Market, Welkom (A59/2013, 1140/2011) [2013] ZAFSHC 169 (26 September 2013)

Court

Free State High Court, Bloemfontein

Case number

A59/2013, 1140/2011

Judges

J.P. Daffue, A.F. Jordaan, S.J. Thamage

Full Bench appeal about provident fund benefits paid to an employer in error. The court held the employee had no claim against the employer and that set-off applied.

• Provident Fund Benefits
• Set Off
• Locus Standi
• Section 37d Pension Funds Act
• Provident-fund-benefits
• Set-off

Russow v Reid and Another ([2011] 3 All SA 106 (GSJ))

Russow v Reid and Another ([2011] 3 All SA 106 (GSJ)) [2011] ZAGPJHC 4; 50730/2007 (8 February 2011)

Court

South Gauteng High Court, Johannesburg

Case number

50730/2007

Judge

Mokgoatlheng

The court held that the applicant could recover tax paid on a pension-interest payout to his former spouse under section 2B of the Second Schedule to the Income Tax Act.

• Divorce Pension Interest
• Tax Liability On Pension
• Settlement Agreement Interpretation
• Section 2b Income Tax Act
• Section 37d Pension Funds Act
• Divorce-pension-interest

Nicolaisen v Nicolaisen (5259/2009)

Nicolaisen v Nicolaisen (5259/2009) [2009] ZAFSHC 112 (5 November 2009)

Court

Free State High Court, Bloemfontein

Case number

5259/2009

Judge

A Kruger

The court found that the amendment to section 37D of the Pension Funds Act, specifically subsection (4)(d), clearly provides for retrospective application to divorce orders granted before 13 September 2007. This legislative change overrides the previous interpretation in Kirchner v Kirchner, which denied retrospective effect. The applicants, having divorced in 2002, are now entitled to have 100% of the first applicant's pension interest in the specified Old Mutual policy allocated to the second applicant as at the date of divorce. The court granted the relief sought, ordering the pension fund…

Source excerpt

• Divorce Pension Interest
• Retrospective Application Of Statute
• Section 7 8 Divorce Act
• Section 37d Pension Funds Act