South Africa Case Law

Blue Crane Route Municipality v Municipal Workers Retirement Fund and Another (1827/2024)

Blue Crane Route Municipality v Municipal Workers Retirement Fund and Another (1827/2024) [2025] ZAECMKHC 28; 2025 (4) SA 571 (ECMk) (18 March 2025)

Court

Eastern Cape High Court, Makhanda

Case number

1827/2024

Judges

Govindjee, ZM Nhlangulela, L Ellis

The court held that the in duplum rule applies to statutory interest awarded on unpaid pension fund contributions, including post-judgment interest, unless expressly excluded by statute or court order. The Pension Funds Act does not exclude the rule, either expressly or by necessary implication. The rule is not limited to contractual debts and applies to all debts bearing interest. The court is not functus officio in relation to the application of the rule to the interest awarded, and the judgment must be construed subject to the rule. The writ issued by the Fund, which reflected interest far…

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• In Duplum Rule
• Pension Fund Contributions
• Statutory Interest
• Default Judgment
• Stay Of Execution

Municipal Workers Retirement Fund v Umzimkhulu Local Municipality and Others (11458/2015)

Municipal Workers Retirement Fund v Umzimkhulu Local Municipality and Others (11458/2015) [2023] ZAKZPHC 80 (10 August 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11458/2015

Judge

Mngadi

The court ordered Umzimkhulu Local Municipality to pay arrear pension contributions and statutory interest to the Municipal Workers Retirement Fund.

• Pension Funds Act
• Statutory Interest
• Arrear Contributions
• Municipal Liability
• Pension-funds-act
• Statutory-interest

Davehill (Pty) Ltd. and Others v Community Development Board (353/86)

Davehill (Pty) Ltd. and Others v Community Development Board (353/86) [1987] ZASCA 120; [1988] 1 All SA 388 (A) (30 September 1987)

Court

Supreme Court of Appeal

Case number

353/86

Judges

Rabie, Botha, Grosskopf, Smalberger, Boshoff

The court held that statutory interest under section 12(3) of the Expropriation Act is payable from the date of possession on any outstanding portion of compensation and ceases when compensation is paid in full. The obligation to pay statutory interest arises on the same date as the final compensation payment, and failure to pay statutory interest at that time places the respondent in mora, entitling the appellants to mora interest on the outstanding statutory interest until it is paid. The court rejected the claim for statutory interest at the time of interim payments, finding that such inte…

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• Expropriation Act
• Statutory Interest
• Mora Interest
• Liquidated Damages
• Prescribed Rate Of Interest