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South Africa Case Law

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Civil Procedure [2014] ZAGPJHC 90

Chemical Industries National Provident Fund v Sasol Limited and Others (22869/2013)

Chemical Industries National Provident Fund v Sasol Limited and Others (22869/2013) [2014] ZAGPJHC 90; 2014 (4) SA 205 (GJ) (29 April 2014)

The court held that Sasol could not unilaterally transfer pension fund members without compliance with the fund’s mandatory transfer rules.

  • Pension Fund Rules
  • Transfer Of Members
  • Fiduciary Duties
  • Section 14 Pension Funds Act
  • Declaratory Relief
  • Pension-fund-rules
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Banking And Finance [2011] ZASCA 228

Muller NO and Another v Community Medical Aid Scheme (901/2010)

Muller NO and Another v Community Medical Aid Scheme (901/2010) [2011] ZASCA 228; 2012 (2) SA 286 (SCA); [2012] 2 All SA 252 (SCA) (30 November 2011)

The Supreme Court of Appeal held that the September 2008 contributions paid by members of Humanity Medical Scheme were due and payable to Humanity in terms of its rules and were received as such. Humanity undertook to pay these contributions over to Community Medical Aid Scheme as part of the transfer of its members, which was approved and confirmed by the Council for Medical Schemes under section 63 of the Medical Schemes Act. Upon confirmation, the entitlement to the contributions vested in Community Medical Aid Scheme by operation of law and no longer formed part of Humanity's insolvent es…

  • Medical Schemes Act
  • Liquidation Of Medical Scheme
  • Transfer Of Members
  • Statutory Vesting Of Assets
  • Concursus Creditorum
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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.