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Civil Procedure [2019] ZASCA 41

South African Municipal Workers' Union National Provident Fund v Umzimkhulu Local Municipality and Others (297/2018)

South African Municipal Workers' Union National Provident Fund v Umzimkhulu Local Municipality and Others (297/2018) [2019] ZASCA 41 (29 March 2019)

Court
Supreme Court of Appeal
Case number
297/2018
Judges
Lewis, Tshiqi, Swain, Van der Merwe, Dlodlo

The Supreme Court of Appeal held that rule 3.2.1 of the Fund unambiguously prohibits members from withdrawing from the Fund while remaining in service with the Municipality. Termination of membership and transfer of benefits can only occur upon cessation of service, as provided by rule 3.2.2. Section 13A(5) of the Pension Funds Act applies only after membership has been terminated according to the Fund's rules, and section 14 and rule 11.11 do not provide for individual voluntary transfers but rather regulate amalgamation and transfer of business. The court found that compulsory membership of…

Source excerpt

  • Pension Funds Act
  • Interpretation Of Fund Rules
  • Termination Of Membership
  • Transfer Of Benefits
  • Freedom Of Association
  • Public Policy
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Civil Procedure [2019] ZASCA 42

Municipal Employees Pension Fund and Another v SAMWU National Provident Fund and Another (1412/2018)

Municipal Employees Pension Fund and Another v SAMWU National Provident Fund and Another (1412/2018) [2019] ZASCA 42 (29 March 2019)

Court
Supreme Court of Appeal
Case number
1412/2018
Judges
Lewis, Tshiqi, Swain, Van der Merwe, Dlodlo

The Supreme Court of Appeal held that rule 3.2.1 of the Fund unambiguously prohibits members from withdrawing from the Fund while they remain in service with the Municipality. Section 13A(5) of the Pension Funds Act only permits transfer of benefits after membership has ceased in accordance with the Fund's rules, and section 14 does not apply to individual voluntary withdrawals. The rules are consistent with the requirements of the Income Tax Act for provident fund approval and serve to ensure the stability and viability of the Fund. The constitutional challenges were rejected: compulsory mem…

Source excerpt

  • Pension Fund Rules
  • Termination Of Membership
  • Transfer Of Benefits
  • Freedom Of Association
  • Income Tax Act Compliance
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.